United States v. Compres-Paulino, __ F.3d __, 2004 WL 2915021 (2nd Cir. Dec. 17, 2004) (noncitizen was deported following controlled substance conviction, illegally reentered, then violated parole; court properly imposed increased sentence upon prosecution for illegal reentry based upon sentence imposed following parole violation, rather than sentence initially imposed following coviction).

United States v. Hernandez-Baide, ___ F.3d ___ (10th Cir. Dec. 21, 2004) (district court committed no error in failing to grant a downward departure based on mitigating circumstances).
http://laws.lp.findlaw.com/10th/043101.html

United States v. Lopez-Zamora, ___ F.3d ___, 2004 WL 2997967 (9th Cir. Dec. 29, 2004) (2001 Sentencing Guideline amendments do not categorically forbid a district court from departing downward due to the minor nature of the underlying felony).
http://caselaw.lp.findlaw.com/data2/circs/9th/0350304p.pdf

United States v. Jiminez-Borja, 363 F.3d 956 (9th Cir. April 9, 2004) (for purposes of an illegal reentry conviction under 18 U.S.C. 1326(a)(2), a noncitizen may be "found" in the United States by local law enforcement, not only the INS).

United States v. Rivas-Gonzalez, 365 F.3d 806 (9th Cir. April 22, 2004) (district court may not depart downward in sentencing for illegal reentry on basis of cultural assimilation where it arises primarily after illegal entry).

United States v. Rodriguez-Ceballos, ___ F.3d ___, 2004 WL 905852 (9th Cir. April 29, 2004) (district court erred in granting a five-level downward departure, in an illegal reentry case, based on the "disproportionate impact" of applying the "entire 16-level increase" to the defendant).

In United States v. Pimental-Flores, 339 F.3d 959 (9th Cir 2003), the Ninth Circuit held that a "crime of violence" under Sentencing Guidelines need not be an "aggravated felony" within meaning of the statute to qualify for a 16-level enhancement in an illegal reentry case. The guideline is plainly inconsistent with 8 U.S.C. 1326(b)(2), which permits an enhancement only for an aggravated felony as defined by statute.

United States v. Saucedo-Patino, 358 F.3d 790 (9th Cir. Jan. 27, 2004) (district judges 8-level downward departure reversed, since it could not be based on nature of underlying offense, and defendant's motive for reentering United States, i.e., supporting his family, did not constitute valid basis for departure).

Schardt v. Payne, ____ F.3d ___ (9th Cir. July 8, 2005) (Blakely v. Washington, 124 S.Ct. 2531 (2004), does not apply retroactively to convictions that became final prior to its publication).
http://caselaw.lp.findlaw.com/data2/circs/9th/0236164p.pdf

United States v. Hermoso-Garcia, ___ F.3d ___ (9th Cir. July 7, 2005) (illegal reentry sentence remanded in light of United States v. Booker, 125 S.Ct. 738 (2005)), following United States v. Ameline, ___ F.3d ___ (9th Cir. 2005).
http://caselaw.lp.findlaw.com/data2/circs/9th/0430196p.pdf