United States V. Castillo

The non-foreclosed issue at hand is presented by the Government's cross-appeal: whether the district court erred when, in sentencing Jose Adrian Castillo, it departed downward on the basis of Castillo's cultural assimilation. Because the Government's appellate issues were not preserved in district court, we apply the plain error standard of review, rather than the standard set by the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT Act), Pub. L. No. 108-21, § 401(d)(2), 117 Stat. 650, 670 (2003) (in some circumstances, de novo review of district court's application of Sentencing Guidelines). AFFIRMED .