United States of America, Plaintiff-appellee, v. Jan Vicki Fine, T/n Jan Vicki Fine Hershey, Defendant-appellant, 999 F.2d 545 (9th Cir. 1993)

Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges.

MEMORANDUM^** 

Jan Vicki Fine appeals her sixty-month sentence, imposed following remand from this court for resentencing. Fine was originally sentenced to sixty months, following a jury trial, for eighteen counts of aiding and abetting, conspiracy, bank fraud, fraud in connection with access devices, possession of stolen property, possession of a stolen motor vehicle, interstate transportation of stolen property, and interstate transportation of a stolen motor vehicle. Fine contends that the district court erred by failing to provide an analogy to the Guidelines for the extent of the upward departure. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.

Unfortunately, the court's explanation is so general and undifferentiated that it could be used to justify a departure of any amount. What is needed, however, is an explanation of the reason for choosing a 14 month departure rather than one which was greater or smaller. It is that which the district court must explain and the most effective way is by an analogy to the other provisions of the Guidelines. See United States v. Cruz-Ventura, 979 F.2d 146, 151 (9th Cir. 1992); United States v. Lira-Barraza, 941 F.2d 745, 751 (9th Cir. 1991) (en banc). Thus, we must vacate the sentence and remand for resentencing. No petition for rehearing will be entertained and mandate shall issue forthwith. See Fed. R. App. P. 2.

VACATED AND REMANDED.