United States v. Javier Duenas-Moreno

Javier Duenas-Moreno pleaded guilty to illegal reentry into the United States following his previous arrest and deportation as an illegal alien, 8 U.S.C. § 1326 (1994 & Supp. IV 1998), and to possessing a firearm after conviction for a felony and while being an illegal alien, 18 U.S.C. § 922(g)(1), (g)(5) (1994 & Supp. IV 1998). At sentencing, he sought a downward departure from the applicable guideline range on the ground that because of his status as a deportable alien he would suffer adverse consequences while in the custody of the Bureau of Prisons. The District Court 4 denied a downward…