(Download) "United States v. Martinez" by United States Court of Appeals for the Ninth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Martinez
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 30, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
MEMORANDUM Martinez appeals his sentence to the statutory maximum of two years for being a deported alien found in the United States. He had been deported in 1990 for possession and sale of narcotics. He had asked for a discretionary departure downward to 10 months from the guidelines range of 21-24 months (actually 21-27 months, but limited by the statutory maximum). He argues that (1) because the court did not state in so many words the basis for a denial of a downward departure the trial court could have been under the misapprehension that a downward departure as requested could not be granted, (2) specifically, the trial court did not address the claim of special circumstances due to conditions in El Salvador, (3) under the circumstances the sentence that was imposed constituted cruel and unusual punishment.
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