United States Ninth Circuit
US v. RIVAS-GONZALEZ, 03-30167
In sentencing a defendant charged with illegal reentry after having been previously removed, a downward departure on the basis of cultural assimilation is not available where the asserted assimilation arises primarily after the illegal entry.
Appellate Information
- Argued 12/03/2003
- Decided 04/22/2004
- Published 04/22/2004
Judges
- Before: KLEINFELD, GOULD, and TALLMAN, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- William Mercer (argued), United States Attorney, Billings, Montana, for the plaintiff-appellant.
- For Appellees:
- Melissa Harrison (argued), Assistant Federal Defender, David Avery, Research Attorney, Federal Defenders of Montana, Missoula, Montana, for the defendant-appellee.