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United States v. Desantiago-Esquivel

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Submitted: October 17, 2007

Before RILEY, MELLOY, and COLLOTON, Circuit Judges.

Viridiana Desantiago-Esquivel, an illegal alien from Mexico, pled guilty to conspiring to distribute 50 grams or more of methamphetamine in violation of 21 U.S.C. § 841(a)(1). The district court found that she qualified for safety valve relief under U.S.S.G. § 5C1.2, which enabled the district court to impose a sentence less than the statutory mandatory minimum term of 10 years. The applicable Guidelines range was 108-135 months. The district court imposed a sentence of 36 months if Desantiago-Esquivel voluntarily stipulated to removal after serving her sentence. The district court imposed an alternative sentence of 99 months in the event DesantiagoEsquivel did not stipulate to removal. The government appeals the district court’s structuring of alternative sentences as not authorized by statute and challenges as unreasonable the downward variance in the 36-month sentence. We reverse and remand for re-sentencing.

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