Unpublished Disposition, 884 F.2d 1395 (9th Cir. 1989)

MEMORANDUM^** 

The question for decision in this appeal by Kenneth Scott Anderson is whether the sentence imposed by the district court is unreasonable under the provisions of the Sentencing Reform Act of 1984.

Anderson pleaded guilty to one count of being a felon in possession of a firearm. 18 U.S.C. § 922(a) (6). At sentencing, Anderson agreed with the pre-sentence report that he had pleaded to an offense level seven and that his criminal history rating was five. According to the United States Sentencing Commission Guidelines Manual, this called for a sentencing range of 12 to 18 months. The district court departed upwards from the guidelines, basing its departure on what the court determined to be Anderson's "understated criminal history and his repeated failure on parole and his involvement in additional criminal acts while on parole." Transcript of Sentencing Proceedings, E.R. at 12. The upward departure provided for a sentencing range of 15 to 21 months. The court sentenced Anderson to 21 months and he has appealed the upward adjustment.

Jurisdiction was proper in the district court. 18 U.S.C. § 3231. Jurisdiction on appeal is proper. 28 U.S.C. § 1291. The appeal was timely filed under Rule 4(b), F.R.App.P.

Subsequent to the sentencing at issue here, this court has set forth directions that directly relate to the matter before us. United States v. Wells, 878 F.2d 1232 (9th Cir. July 12, 1989) and United States v. Nuno Para, 877 F.2d 1409 (9th Cir. June 20, 1989). Because the district court did not have the advantage of these cases, we will remand for re-sentencing in light of Wells and Nuno-Para.

The judgment of sentence is VACATED and the cause REMANDED.