Government Wins Appeal But Deports Defendant Before He Can be Resentenced.
Case:U.S. v. Rivas-Gonzalez, no. 03-30167 (9th Cir. Apr. 22, 2004).

Holding: While a downward departure for cultural assimilation may be granted in extraordinary circumstances for a defendant convicted of illegal entry into the U.S., no such departure is available when the cultural assimilation arises after the illegal entry.

Panel: Andrew J. Kleinfeld, Ronald M. Gould (author), and Richard C. Tallman, Circuit Judges.

Note: The defendant has already served his sentence and been deported. The court held that the issue is, nevertheless, not moot because were the defendant to re-enter the U.S. he still would have a supervised release term to serve. Although the court remanded for resentencing, the court did not decide whether the defendant could be re-sentenced in abstentia.

Given that any reentry by the defendant in this case would likely be a new offense the government could use to incarcerate and deport the defendant again, the money spent on this appeal could have been better spent ... anywhere.