United States of America, Plaintiff-appellant, v. Danny Gonzales Garza, Defendant-appellee, 15 F.3d 1091 (9th Cir. 1994)
Annotate this CaseBefore: POOLE and TROTT, Circuit Judges, KING, District Judge.**
MEMORANDUM***
We hold that the sentencing court did not err in departing from the career offender guidelines based on mitigating factors not adequately taken into account by the Sentencing Commission. 18 U.S.C. § 3553(b); U.S.S.G. Sec. 5K2.0. As we have held previously, the Commission did not adequately consider "the relationship between drug quantity and penalty among differently-situated career offenders." United States v. Reyes, Nos. 92-30030, 92-30059 (November 3, 1993), slip op. at 12492.
We remand for an explanation of the extent of the sentencing court's departure from the guidelines in light of the considerations set forth in Reyes.
REMANDED in-part.
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4
Honorable Samuel P. King, Senior United States District Judge for the District of Hawaii, sitting by designation
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3
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.
