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U.S. v. TOMONO

No. 97-3486.

143 F.3d 1401 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Kei TOMONO, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 15, 1998.

Attorney(s) appearing for the Case

Elinor Colbourn, Special Asst., U.S. Atty., Orlando, FL, for Plaintiff-Appellant.

Darlene M. Geiger, Asst. Fed. Pub. Defender, Orlando, FL, for Defendant-Appellee.

Before COX and BLACK, Circuit Judges, and RONEY, Senior Circuit Judge.

PER CURIAM:

Kei Tomono pleaded guilty to violations of the Lacey Act, 16 U.S.C. §§ 3372(a)(1) & 3373(d)(1)(B), and the federal anti-smuggling statute, 18 U.S.C. § 545, in connection with his illegal importation of reptiles. At sentencing, the district court granted a three-level downward departure for what it termed "cultural differences." The Government appeals the district court's ruling. We vacate the sentence and remand for resentencing.

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