United States v. Maira Bernice Guzman

Ms. Guzman sought a downward departure from the applicable sentencing range because she claimed that her Mexican cultural heritage required submission to her boyfriend’s will, especially in light of the *835fact that she was carrying his child and that her relationship with him defied her family’s wishes. My colleagues reject Ms. Guzman’s arguments as if she seeks nothing more than a departure based on her sex and national origin, two “forbidden” factors under U.S.S.G. § 5H1.10. Furthermore, they question whether cultural heritage can ever be a basis for a departure, slip op. at 832-33, although…