United States Seventh Circuit

Sentencing judge abused his discretion by granting defendant a downward departure based upon cultural heritage, and defendant's status as a deportable alien may be relevant only insofar as it may lead to conditions of confinement, or other substantially more onerous punishments.

Appellate Information

• Argued 11/08/1999
• Decided 01/03/2001
• Published 01/03/2001

Judges

• POSNER, Circuit Judge., Before POSNER, RIPPLE, and DIANE P. WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Richard D. Westphal (argued), Office of the U.S. Attorney, Rock Island, IL, for plaintiff-appellant.


• For Appellees:
  
• Frank Santiago (argued), Muscatine, IA, for defendant-appellee.