United States v. Tomono

PER CURIAM:, Kei Tomono pleaded guilty to violations of the Lacey Act, 16 U.S.C. §§ 3372(a)(1) & 3373(d)(1)(B), and the federal anti-smuggling statute, 18 U.S.C. § 545, in connection with his illegal importation of reptiles. At sentencing, the district court granted a three-level downward departure for what it termed “cultural differences.” The Government appeals the district court’s ruling. We vacate the sentence and remand for resentencing.

I. BACKGROUND

Defendant Kei Tomono is a Japanese national who operates a commercial reptile import/export business called Amazon International. In April…