United States of America, Plaintiff-appellee, v. Christopher Donald Yager, Defendant-appellant, 949 F.2d 400 (9th Cir. 1991)Annotate this Case
Before EUGENE A. WRIGHT, HUG and LEAVY, Circuit Judges.
The government concedes that the district court erred in considering the psychological impact on the victim's parents when determining the defendant's sentence. See United States v. Hoyungowa, 930 F.2d 744, 747 (9th Cir. 1991) (holding that an upward departure cannot be based upon the psychological injury experienced by the victim's family). Other bases of the sentence, such as the use of dismissals and the victims' ages, should also be addressed during the resentencing hearing. The arguments of the appellant concerning the validity of the other bases for departure should be addressed by the district judge on remand. We vacate and remand for resentencing.
VACATED AND REMANDED.