U.S. v. CASTILLO

No. 03-20944.

430 F.3d 230 (2005)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Ricardo Angel CASTILLO, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

November 3, 2005.


Attorney(s) appearing for the Case

Renata Ann Gowie, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

David B. Adler, Bellaire, TX, for Castillo.

Before KING, Chief Judge, and BARKSDALE and CLEMENT, Circuit Judges.


KING, Chief Judge:

The United States, Plaintiff-Appellee and Cross-Appellant in this matter, appeals the district court's decision to depart downwardly from the sentencing range established by the UNITED STATES SENTENCING GUIDELINES ("U.S.S.G." or the "Guidelines") on the grounds that: (1) the defendant's HIV-positive status constituted an extraordinary medical condition warranting a downward departure under U.S.S.G. § 5H1.4; and (2) comments made by the prosecutor...

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