United States Sixth Circuit

Previous incarceration as an immigration detainee is not categorically proscribed by the Guidelines, thus the district court did possess the discretion to depart downward on that basis. The court should have gone on to determine whether defendant's status as a previously-confined immigration detainee removed the case from the heartland of the applicable Guideline.

Appellate Information

• Decided 06/26/2003
• Published 06/26/2003

Judges

• Before:  MOORE and ROGERS, Circuit Judges;  HOOD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Daniel R. Hurley (briefed), U.S. Atty's Office, Detroit, MI, for Plainitff-Appellee., Kevin M. Schad (briefed), Schad & Cook, Indian Springs, OH, R. Steven Whalen (briefed), Detroit, MI, for Defendant-Appellant.