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031789P.pdf   07/08/2004  United States  v.  J. Ramirez-Marquez
   U.S. Court of Appeals Case No:  03-1789
   District of Minnesota   
   Criminal case - Sentencing Guidelines. PROTECT Act's de novo 
   review standard applies to pending appeals; a defendant seeking a 
   downward departure for waiving deportation rights must demonstrate a 
   colorable, non-frivolous defense to deportation and show a waiver of that 
   defense would substantially assist the administration of justice; defendant 
   failed to meet these standards, and the district court's sentence granting a 
   downward departure for waiving deportation rights is reversed, and the 
   case is remanded for resentencing. 
   [PUBLISHED] [Riley, Author, with M. Arnold and Gibson, Circuit Judges]