Whether U.S. Sentencing Guidelines Section 2A4.1(b)(1) applies to an arms-length alien smuggling agreement and whether a district court must sua sponte consider a downward departure under 18 U.S.C. § 3553(a)(5)

1. Is United States Sentencing Guidelines Section 2A4.1(b)(1) (ransom demand) applicable in the context of an arms -length agreement between an alien smuggling organization (“ASO”) and an alien seeking the ASO’s services, where the alien agrees to remain within the custody and control of the ASO until the alien is transported from a foreign country to an agreed -upon location within the United States and the agreed -upon smuggling fee is paid? 2. Is a district court obligated , under 18 U.S.C. § 3553(a)(5) and the Sentencing Guidelines , to consider, sua sponte , the appropriateness of a downward departure based on a United States Sentencing Guidelines (“U.S.S.G.”) Policy Statement made clearly applicable by facts squarely before it at a sentencing proceeding?