Unpublished Disposition, 921 F.2d 282 (9th Cir. 1990)

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U.S. Court of Appeals for the Ninth Circuit - 921 F.2d 282 (9th Cir. 1990)

UNITED STATES of America, Plaintiff-Appellee,v.Victor SANCHEZ-GARCIA, Defendant-Appellant.

No. 90-50042.

United States Court of Appeals, Ninth Circuit.

Submitted Nov. 14, 1990.* Decided Dec. 5, 1990.

Before JAMES R. BROWNING, PREGERSON and LEAVY, Circuit Judges.


MEMORANDUM** 

The defendant Victor Sanchez-Garcia appeals from his sentence following a conviction for conspiracy to transport and harbor illegal aliens. Sanchez-Garcia pled guilty to the conspiracy charges.

The presentence report noted that the court might consider an upward departure because of allegations that Sanchez-Garcia had sexually molested a minor female while transporting and harboring the aliens. Based on those allegations, the court held a separate hearing to consider the government's motion for an upward departure. After the hearing, the Court sentenced Sanchez-Garcia to ten months imprisonment, a departure from the one to seven-month range of the Sentencing Guidelines. Even though it found the government had not met its burden of proof, the Court stated: "I am departing, and I think that based upon the evidence, that that departure should be made." Reporter's Transcript at 22.

We find, and both parties agree, that the district court's ruling did not clearly state the reasons for its departure, as required by the Sentencing Guidelines. See United States v. Wells, 878 F.2d 1232 (9th Cir. 1989). Accordingly, the sentence is VACATED and the case REMANDED to the district court for the court to set forth any specific reasons it may have for departure from the Sentencing Guidelines.

 *

The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3