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111695P.pdf   03/05/2012  United States  v.  Juan Elodio-Benitez
   U.S. Court of Appeals Case No:  11-1695
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Loken, Author, with Murphy and Shepherd, Circuit Judges]
Criminal Case - sentence. District court did not abuse its discretion in failing to grant a greater downward variance. Resentencing in light of United States v. Jimenez-Perez is unwarranted because lack of a fast- track program is not a basis for departure and district court did not plainly err in failing to comment sua sponte of that issue.