Tenth Summarily Disposes of Reentry Issues

U.S. v. Villalobos-Lopez, 2011 WL 1807435 (5/12/11) (Colo.) (unpub'd) - While the 10th acknowledged its duty under Anders to conduct a "full examination of the record," the court appears unbothered by the fact that the presentence report was not in the record, [because neither counsel nor the alien defendant claimed there was any procedural errors], and that it couldn't tell from the little record it had whether the defendant had raised his arguments below about coming to this country to avoid being killed and mistakenly believing he could enter legally. To top it off, the 10th says an alien's reasons for illegal reentry cannot serve as a basis for departure, when the new § 2L1.2, n. 8 explicitly provides for departure where, among other things, the defendant's entry is motivated by cultural ties.