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U.S. v. RODRIGUEZ-MONTELONGO

No. 00-51023.

263 F.3d 429 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Ramon RODRIGUEZ-MONTELONGO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised September 13, 2001.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Diane D. Kirstein (argued), San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch (argued), San Antonio, TX, for Defendant-Appellant.

Before KING, Chief Judge, BARKSDALE, Circuit Judge, and SCHELL, District Judge.

SCHELL, District Judge:

The main question before this court is whether cultural assimilation is a permissible ground for downward departure. Because we conclude that cultural assimilation is a permissible ground for downward departure, we VACATE Rodriguez-Montelongo's sentence and REMAND to the district court for it to consider whether Rodriguez-Montelongo is entitled to a downward departure on the basis of cultural assimilation. We also reject Rodriguez-Montelongo...

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