United States of America, Plaintiff-appellee, v. Scott J. Gabriele, Defendant-appellant, 87 F.3d 1323 (9th Cir. 1996)
Annotate this CaseBefore: FARRIS, FERNANDEZ, and THOMAS, Circuit Judges.
ORDER
Pursuant to a joint motion filed by the government and Scott J. Gabriele, we hereby REVERSE the district court's imposition of an upward departure based on criminal convictions that were not counted towards Gabriele's criminal history category because of their age. We VACATE Gabriele's sentence and REMAND for imposition of the 16 month sentence that the district court indicated it would impose if we reversed the upward departure based on Gabriele's criminal history.
REVERSED, VACATED, and REMANDED.
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
