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Defendant-appellant Luis Santiago Gonzalez appeals from a judgment of conviction and sentence entered in the United States District Court for the Southern District of New York (Kaplan, J.), sentencing him principally to a term of imprisonment of twelve months and one day. The sentence was imposed following his conviction on a plea of guilty to embezzling funds from a federally insured bank. Through his counsel, Gonzalez at sentencing requested a discretionary downward departure in the applicable guideline range based on a claim of aberrant behavior. The district court rejected that request as a matter of law. Whether the rejection was justified in this case as a matter of law is the sole issue facing this Court on appeal. We hold that it was not, and for the reasons that follow we vacate the sentence and remand the case to the district court for a resentencing consistent with this opinion.


81 F.3d 38 (2002)

UNITED STATES of America, Appellee, v. Luis Santiago GONZALEZ, Defendant-Appellant.

Docket No. 01-1073.

United States Court of Appeals, Second Circuit.

Argued August 8, 2001.

Decided February 7, 2002.

New York Law School location: File #2968, Box #143