United States v. Maria Romero

Maria Romero appeals the sentence imposed following her guilty plea to False Personation of an Officer or Employee of the United States, in violation of 18 U.S.C. § 912 . Romero defrauded immigrants by posing as an employee of the Immigration and Naturalization Service (“INS”) who promised to expedite their applications in exchange for money. Romero disputes the two-level enhancement she received under § 2Fl.l(b)(4)(A) of the United States Sentencing Guidelines Manual (“U.S.S.G.” or “Guideline”), which relates to offenses involving “misrepresentation that the defendant was acting on behalf of ... a government agency.” Romero claims that application of the enhancement constitutes an impermissible double-counting, and that her conduct falls outside the scope of the enhancement. Romero, who faces deportation, also contends that the district court erroneously ruled that it lacked the authority to grant a downward departure based on Romero’s family ties, cultural assimilation, and the custodial conditions of aliens. We affirm.

Factual and Procedural Background

On March 29, 2000, Maria Romero (“Romero”) was indicted on two counts of false personation of an officer or employee…