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US v. Beltran, No. 08-2191

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By FindLaw Staff on June 17, 2009 11:18 AM

Defendant's drug distribution sentence is affirmed where, although Defendant claimed that he became caught up in a drug conspiracy due to his inexperience and youth, the government presented evidence contradicting Defendant's statements and the District Court did not abuse its discretion in determining that the 18 U.S.C. section 3553(a) factors did not support a downward variance.

Read the full decision in US v. Beltran, No. 08-2191.

Appellate Information:

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
(D.C. NO. 2:07-CR-2132-001-WJ)

Decided on June 12, 2009

Judges:

Before KELLY and LUCERO, Circuit Judges, and EAGAN, District Judge. The Honorable Claire V. Eagan, United States District Judge for the Northern District of Oklahoma, sitting by designation.

Opinion by EAGAN, District Judge.

Counsel:

Erlinda O. Johnson, Law Office of Erlinda Ocampo Johnson, LLC, Albuquerque, New Mexico, for Defendant - Appellant.

David N. Williams, Assistant United States Attorney, (Gregory J. Fouratt, United States Attorney for the District of New Mexico, with him on the brief), Albuquerque, New Mexico, for Plaintiff - Appellee.

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