United States v. Nguyen

MEMORANDUM OPINION AND ORDER REGARDING DOWNWARD DEPARTURE

BENNETT, Chief Judge.

TABLE OF CONTENTS

I. INTRODUCTION AND BACKGROUND.1010

II. FINDINGS OF FACT.1013

III. DISCUSSION.1014

A. The Acceptance-Of-Responsibility Guideline.1014

B. Discretion To Depart.1017

C. The Downward Departure Motion .1018

1. Has the Commission forbidden departures based on this factor?.... 1019

2. Has the Commission discouraged departures based on this factor? O (N O

3. Has the Commission encouraged departures based on this factor? rH O

1023 4. What features of this case potentially take it outside the “heartland”? .

1023 a. The…