061855P.pdf   12/18/2006  USA  v.  Juan Morales-Uribe
   U.S. Court of Appeals Case No:  06-1855
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Gruender, Author, with John R. Gibson and Bowman,
   Circuit Judges]
   Criminal case - Sentencing. District court abused its discretion
   when it used factors which had already reduced the advisory
   guidelines range (lack of criminal history, lack of violence and
   role in the offense) as the basis for a substantial downward variance;
   court also erred in determining a downward variance was justified by
   the number of controlled drug buys involved; defendant's likely
   deportation did not justify a downward variance under the facts of
   this case; defendant's underprivileged background could not, by itself,
   support a variance of this magnitude.