United States of America, Plaintiff-appellee, v. Valentin Perez Barron, Defendant-appellant, 892 F.2d 84 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 892 F.2d 84 (9th Cir. 1989)

Argued and Submitted Oct. 30, 1989. Decided Dec. 13, 1989


Before JAMES R. BROWNING, SCHROEDER and FLETCHER, Circuit Judges.


Appeal from the United States District Court for the Eastern District of Washington; Alan A. McDonald, District Judge, Presiding.

ORDER

Perez Barron appeals the enhancement of his sentence outside the guidelines. We agree that the enhancement was impermissible. The reasoning used by the district court in sentencing Appellant Valentin Perez Barron deviated from the procedure mandated by the United States Sentencing Commission Guidelines Manual, Chapters 1, 2 and 3.

The sentence is vacated and the case remanded to the district court for resentencing in accordance with the Federal Sentencing Guidelines.