United States v. Jose Armando Leiva-Deras
Court of Appeals for the Second Circuit
1Opinion of the Court
CARDAMONE, Circuit Judge.
This appeal by the United States (United States or government) requires us to review a sentence imposed on defendant Jose Armando Leiva-Deras in the United States District Court for the District of Connecticut (Dorsey, J.) in a judgment entered September 13, 2002, following defendant’s conviction for illegal reentry into the United States after being deported. We think, as the government contends, that the district court erred as a matter of law when it granted defendant a downward departure from the Sentencing Guidelines (U.S.S.G. or guidelines) based on the nature…
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