United States v. Porfirio Johnson Figaro
Court of Appeals for the First Circuit
1Opinion of the Court
CYR, Circuit Judge.
Appellant Porfirio Johnson Figaro, a citizen of the Dominican Republic, pled guilty to entering the United States after deportation, without the consent of the Attorney General, in violation of 8 U.S.C. § 1326(a). Appellant challenges the sentence which the district court imposed as a consequence of its decision to depart above the sentencing guideline range. We affirm.
I
BACKGROUND
The undisputed record before the district court at sentencing revealed that appellant was apprehended in December 1989 while attempting to enter the United States as the captain of a yawl…
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