Legal Opinion

United States v. Ochoa-Olivas

District Court, D. New Mexico

Decided August 16, 2010No. 1:10-mj-00049Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER REGARDING GOVERNMENT’S OBJECTIONS TO PRESENTENCE REPORT AND DEFENDANT’S MOTION FOR DOWNWARD DEPARTURE

WILLIAM P. JOHNSON, District Judge.

THIS MATTER comes before the Court on the United States’ Objections to the Presentence Report (Doc. 49) and the Defendant’s Motion for a Downward Departure from the Sentencing Guidelines (Doc. 52). The United States asks this Court to deny Defendant a two-level reduction for acceptance of responsibility under the Guidelines because the Defendant did not plead guilty to the felony illegal reentry offense with which he was charged…

2Cases cited7 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. United States v. QuarrellCourt of Appeals for the Tenth Circuit · 2002
  4. United States v. ClarkCourt of Appeals for the Tenth Circuit · 2005
  5. United States v. Ernesto MonteroCourt of Appeals for the Eleventh Circuit · 2009

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