United States v. Cruz-Arellane, No. 11-4126 (10th Cir. 2011)
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After Defendant Gilberto Cruz-Arellanes was sentenced for illegally reentering the country, the Sentencing Commission issued an amendment (Amendment 740) to the illegal reentry guideline. The amendment discusses when and under what conditions a district court might wish to depart downward due to a defendant’s cultural assimilation. Seeking the benefit of this new guidance, Defendant filed a motion for a sentence reduction. The district court denied the motion. Defendant appealed, arguing the court abused its discretion in not applying the amended sentencing guidelines. Finding no abuse of discretion, the Tenth Circuit affirmed the district court's order and Defendant's sentence.
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