United States v. Garcia-Ortiz
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EMILIO M. GARZA, Circuit Judge:
Uriel Garcia-Ortiz appeals his sentence of sixteen months’ imprisonment for illegal reentry after deportation, in violation of 8 U.S.C. § 1326. Garcia-Ortiz pled guilty to the instant offense, and had a previous conviction for felony possession of less than a gram of cocaine. At sentencing, the district court granted his motion for a downward departure and reduced the offense level to 10. The offense level, combined with Garcia-Ortiz’s criminal history category of III,' produced a permissible sentencing range of ten to sixteen months. Because the sentencing…
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