United States of America, Plaintiff-Appellee-Cross-Appellant v. Ricardo Angel Castillo, Defendant-Appellant-Cross-Appellee

KING, Chief Judge:

The United States, Plaintiff-Appellee and Cross-Appellant in this matter, appeals the district court’s decision to depart downwardly from the sentencing range established by the United States Sentencing Guidelines (“U.S.S.G.” or the “Guidelines”) on the grounds that: (1) the defendant’s HIV-positive status constituted an extraordinary medical condition warranting a downward departure under U.S.S.G. § 5H1.4; and (2) comments made by the prosecutor at sentencing about the defendant’s HIV-positive status were malicious and endangered the defendant’s safety, thereby justifying a…