Opinion
No. CR-00-0115-N-WFN
April 20, 2001
ORDER
A sentencing hearing was held on April 20, 2001. Defendant, who is in custody, was present and represented by Nancy Tenney; Assistant United States Attorney Traci Post represented the Government; United States Probation Officer Steve Cedros also was present. Neither party filed or presented any objections to the Presentence Investigation Reports [PSR] On March 22, 2001, Defendant filed a Motion for Downward Departure.
Defendant's first basis for seeking a downward departure relates to the extreme difficulties he faced growing up on an Indian reservation. Defendant cites to three Eighth Circuit cases that affirmed district courts' downward departures based on circumstances related to life on a reservation. Defendant argues that he has struggled with growing up on the reservation with alcoholic parents, many friends and family members with addictions, and the suicide of a close cousin. Defendant argues that these difficulties warrant a downward departure.
Defendant's second basis for seeking a downward departure relates to the disparity between state and federal sentencing consequences. Defendant argues that because Idaho and Washington both employ sentencing schemes providing lesser sentences and/or treatment for sex offenders more favorable to defendants than the federal Sentencing Guidelines, he should receive a downward departure to remedy some of this disparity.
Defendant's third basis for seeking a downward departure centers on an argument that the disparate impact on Native Americans prosecuted for sexual offenses goes against principles of equal protection. While Defendant concedes that the United States Attorney's Office's decision to prosecute him was not based on discriminatory motives, he argues that Native Americans are unfairly impacted by crimes having an element relating to occurrence on an Indian reservation. Defendant argues that a downward departure would be fair to remedy the unequal treatment of Native Americans in this context. This Order is entered to memorialize and supplement the oral rulings of the Court. Accordingly,
IT IS ORDERED that:
1. Defendant's Motion for Downward Departure, Ct. Rec. 22, is DENIED.
2. The United Stat.B Probation Office shall APPEND a copy of these findings to any Presentence Investigation Report made available to the Bureau of Prisons. FED. R. CalM. P. 32(c)(1).
3. The Defendant's sentence shall appear in a separate Judgment.
The Clerk of Court is directed to file this Order and provide copies to counsel AND TO the United States Probation Office.