Deportable Alien's Ineligibility For Bureau Of Prison Benefits Is Not Basis For Downward Departure
In two cases raising the identical issue, the 8th Circuit Court reiterated that deportable aliens' ineligibility for Bureau of Prisons benefits did not provide basis for downward departure in illegal-reentry cases. The first case was USA v. Raygoza-Aguayo, No. 01-3939 (8th Cir. Apr. 26, 2002); the court made available the appellant's brief and the appellee's brief. The second case was USA v. Pina-Arellano, No. 02-1011 (8th Cir. Apr. 26, 2002); the court made available the appellant's brief and the appellee's brief.
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