UNITED STATES of America, Plaintiff-Appellee, v. Michael Devon LIPMAN, Defendant-Appellant

U.S. Court of Appeals, Ninth Circuit · Decided 1998-01-08

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PREGERSON, Circuit Judge: Michael Devon Lipman (“Lipman”) appeals his twenty-one month sentence imposed pursuant to Sentencing Guideline (U.S.S.G.) § 2L1.2 for illegal reentry after deportation for a felony conviction. Lipman contends that the district court failed to recognize its authority to depart from the Sentencing Guidelines on the basis of Lipman’s “cultural assimilation…

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