United States v. Darin Ray Goodrich

OVERVIEW

Darin Ray Goodrich (Goodrich), appeals his sentence of twenty-four months imprisonment following a guilty plea to one count of making false declarations before the court in violation of 18 U.S.C. § 1623 (1988).

We reverse the district court’s decision to depart from the Sentencing Guidelines.

FACTS

An indictment charged Donna Rae Goodrich, the defendant’s wife, with smuggling steroids in violation of 18 U.S.C. § 545 (1988). The indictment followed Donna Rae’s arrest on January 4, 1988, when steroids were found in the vehicle she was driving from Mexico into the United States at the San Ysidro Port of Entry. She was convicted by a jury on September 1, 1988.

At Donna Rae’s trial, the defendant testified as a witness about the events surrounding Donna Rae’s arrest. After Donna Rae’s conviction, a federal grand jury on November 1, 1988, returned a four count indictment against the defendant Darin Goodrich, Donna Rae Goodrich, and one other person. In the indictment, Darin Goodrich was charged with conspiracy to illegally import merchandise (steroids) in violation of 18 U.S.C. §§ 371 and 545 (1988) (Count 1), with illegal importation of merchandise (steroids) in violation…