Cultural ties to community may serve as basis for downward departure from applicable sentencing guidelines

SENTENCING United States v. Galarza-Payan, No. 05-2108, ___ F.3d ___ (10th Cir. Mar. 20, 2006)(New Mexico). Appeal of sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326(a)(1), (2) and (b)(2). HELD: In post-Booker sentencing regime where federal sentencing guidelines are advisory, district courts may consider extensiveness of defendant’s family and cultural ties to community as grounds for downward departure. For such downward departure to be deemed reasonable, however, defendant’s cultural ties must also be weighed against other factors including (1) sentencing disparities among defendants with similar backgrounds and characteristics, and (2) need for sentence to reflect seriousness of crime and promote respect for law. Read the opinion here.