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21 Apr 2009, 12:01 pm
Ruvalcava-Perez, No. 08-2582 Sentence for drug possession and illegal reentry after deportation is affirmed where: 1) the district court did not abuse its discretion in departing upward from the advisory guideline range based on its finding that defendant's criminal history category substantially underrepresented the seriousness of his criminal history and risk of recidivism; and 2) the sentence was not unreasonable. [read post]