United States v. Roberto Palomino-Rivera
Court of Appeals for the Seventh Circuit
1Opinion of the Court
RIPPLE, Circuit Judge.
Roberto Palomino-Rivera was indicted on one count of being present in the United States without authorization after having been deported previously, in violation of 8 U.S.C. § 1326. He pleaded guilty. The Government recommended that Mr. Palomino-Rivera receive a sixteen-level increase in offense level pursuant to United States Sentencing Guideline § 2L1.2(b)(l)(A) because he had been deported after being convicted of an aggravated felony. Mr. Palomino-Rivera filed a motion for a downward departure on the ground that the sixteen-level increase overstated the seriousness…
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