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U.S. v. GUZMAN

No. 99-2169.

236 F.3d 830 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Maira Bernice GUZMAN, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 3, 2001.

Attorney(s) appearing for the Case

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

Frank Santiago (argued), Muscatine, IA, for defendant-appellee.

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

POSNER, Circuit Judge.

The government appeals from a 25-level downward departure granted the defendant by the sentencing judge because of the defendant's "cultural heritage," which is Mexican (she is a citizen of Mexico, not of the United States) and because her conviction of a serious drug offense makes her deportable. She had pleaded guilty to participating in a conspiracy to distribute methamphetamine. Had the judge not granted the downward departure of which the...

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