Legal Opinion

UNITED STATES of America, Plaintiff-Appellee, v. Michael Devon LIPMAN, Defendant-Appellant

Court of Appeals for the Ninth Circuit

Decided January 8, 1998No. 97-50006PublishedCited by 95 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

Michael Devon Lipman (“Lipman”) appeals his twenty-one month sentence imposed pursuant to Sentencing Guideline (U.S.S.G.) § 2L1.2 for illegal reentry after deportation for a felony conviction. Lipman contends that the district court failed to recognize its authority to depart from the Sentencing Guidelines on the basis of Lipman’s “cultural assimilation” into American society and that the court erred in denying him a downward departure ,on that basis. We hold that “cultural assimilation” is a permissible ground for departure under the Sentencing Guidelines, that the…

2Cases cited9 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. United States v. Edward X. MondelloCourt of Appeals for the Ninth Circuit · 1991
  3. United States v. David Tenorio SablanCourt of Appeals for the Ninth Circuit · 1997
  4. United States v. KoenigCourt of Appeals for the Ninth Circuit · 1991
  5. United States v. Rene Alvarez-CardenasCourt of Appeals for the Ninth Circuit · 1990

4 more not listed; retrieve them via the Exa API.

3Cited by95 opinions

  1. United States v. Reginald ColemanCourt of Appeals for the Sixth Circuit · 1999
  2. United States v. Melendez-TorresCourt of Appeals for the First Circuit · 2005
  3. United States of America, Cross-Appellant/appellee v. Gabriel Aguilar-Portillo, Also Known as Gabbie, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 2003
  4. United States v. Steven George NelsonCourt of Appeals for the Ninth Circuit · 2000
  5. United States of America v. Ramon Rodriguez-MontelongoCourt of Appeals for the Fifth Circuit · 2001

90 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API