United States of America v. Ramon Rodriguez-Montelongo

SCHELL, District Judge:

The main question before this court is whether cultural assimilation is a permissible ground for downward departure. Because we conclude that cultural assimilation is a permissible ground for downward departure, we VACATE Rodriguez-Montelongo’s sentence and REMAND to the district court for it to consider whether Rodriguez-Montelongo is entitled to a downward departure on the basis of cultural assimilation. We also reject Rodriguez-Montelongo’s argument that his sentence violates due process because the Supreme Court has previously rejected an identical argument.

I.…