United States v. Leslie Todd, Jr.

Good Law
909 F.2d 395·1990 WL 103080·1990 U.S. App. LEXIS 12384
United States Court of Appeals for the Ninth CircuitJuly 26, 199089-50435California1,643 words

Opinion

Opinion

Hug, J.

The central issue in this case is whether the district court can depart from the Sentencing Guidelines without explaining how it arrived at its degree of departure. We hold that when the district court gives no explanation for its degree of departure, the appellate court cannot adequately determine whether the departure was “unreasonable” on review. See 18 U.S.C. §§ 3553 (a), (c), 3742(e)(3) (1988). Therefore, we remand to the district court to express its reasons for the extent of departure.

I. BACKGROUND

The United States Naval Investigative Service (“NIS”) learned in late January 1989 that approximately 184 serialized unissued blank armed forces identification cards were stolen from a safe at Camp Pendleton, California. Subsequently, the NIS was notified that Leslie Todd, the appellant, attempted to cash a check at the Marine Corps Exchange on Camp Pendle-ton using one of the stolen identification cards.

Later, the NIS was informed by the North County Transit District that a green camouflage bag, which had unpaid rent due, was opened and found to contain many items of United States Marine Corps property. Such property included 51 of the stolen identification cards.

The NIS…

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