United States v. Steven Thomas Garcia

942 F.2d 794 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Steven Thomas GARCIA, Defendant-Appellant. No. 90-50203. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 10, 1991. Decided Aug. 22, 1991. Before: ALARCON, WILLIAM A. NORRIS WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 Steven Thomas Garcia appeals the thirty-month sentence he received after being convicted of transporting illegal aliens in violation of 8 U.S.C. § 1324 (a)(1)(B). He contends that the district court erred in not granting him two-point reductions for minor participant status and acceptance of responsibility. He further contends that the district court erred in departing upward from the Sentencing Guidelines range. Because we find that the district court's reasoning in denying the acceptance reduction and in departing upward was erroneous, we vacate Garcia's sentence and remand. DISCUSSION A. 3 Garcia contends that he was a…