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U.S. v. CASTILLO

No. 03-20867.

386 F.3d 632 (2004)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Jose Adrian CASTILLO, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

September 22, 2004.

Attorney(s) appearing for the Case

James Lee Turner, Asst. U.S. Atty. (argued), Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Brent Evan Newton, Asst. Fed. Pub. Def. (argued), Houston, TX, for Castillo.

Before BARKSDALE and PICKERING, Circuit Judges, and LYNN, District Judge.

RHESA HAWKINS BARKSDALE, Circuit Judge:

The non-foreclosed issue at hand is presented by the Government's cross-appeal: whether the district court erred when, in sentencing Jose Adrian Castillo, it departed downward on the basis of Castillo's cultural assimilation. Because the Government's appellate issues were not preserved in district court, we apply the plain error standard of review, rather than the standard set by the Prosecutorial Remedies and Other Tools...

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