U.S. v. LIPMAN

No. 97-50006.

133 F.3d 726 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Devon LIPMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 8, 1998.


Attorney(s) appearing for the Case

Maria E. Stratton, Federal Public Defender, and Gerald C. Salseda, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant.

Mary Fulginiti, Assistant United States Attorney, Los Angeles, CA, for plaintiff-appellee.

Before: PREGERSON, D.W. NELSON, and HAWKINS, Circuit Judges.


PREGERSON, Circuit Judge:

Michael Devon Lipman ("Lipman") appeals his twenty-one month sentence imposed pursuant to Sentencing Guideline (U.S.S.G.) § 2L1.2 for illegal reentry after deportation for a felony conviction. Lipman contends that the district court failed to recognize its authority to depart from the Sentencing Guidelines on the basis of Lipman's "cultural assimilation" into American society and that the court erred in denying him a downward departure...

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