United States v. Conrado Castano-Vasquez

OPINION OF THE COURT

FUENTES, Circuit Judge: .

Defendant Conrado DeJesus Castano-Vasquez pled guilty to a one-count indictment charging him with knowingly and intentionally importing more than 100 grams of heroin in- violation of 21 U.S.C. § 952(a). At sentencing, he moved for a downward departure under the newly en acted U.S.S.G. § 5K2.20, which permits a departure “in an extraordinary ease” on the basis of the defendant’s “aberrant behavior.” The application notes to § 5K2.20 list three definitional characteristics of the behavior a defendant must meet before an aberrant behavior departure…