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U.S. v. LOUIS

No. 01-1836.

300 F.3d 78 (2002)

UNITED STATES of America, Appellee, v. Joseph LOUIS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 20, 2002.

Attorney(s) appearing for the Case

Leo T. Sorokin, Federal Defender Office, for appellant.

Charles W. Rankin, Rankin & Sultan, and John Reinstein, ACLU of Massachusetts, on brief as amicus curiae for appellant.

Karen M. Quesnel, with whom Eileen J. O'Connor, Assistant Attorney General, Robert E. Lindsay, Alan Hechtkopf, Michael Karam, and Michael J. Sullivan were on brief, for appellee.

Before LIPEZ, Circuit Judge, CAMPBELL and BOWNES, Senior Circuit Judges.

LIPEZ, Circuit Judge.

During his sentencing hearing for assisting in the preparation of false tax returns, Defendant Joseph Louis argued that he should receive a downward departure from the sentence prescribed in the Sentencing Guidelines because of his family ties and responsibilities, including his relationship as a person of color with his biracial son. The district court denied his motion for a downward departure, stating that it could not consider the racial...

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