United States v. Aurelio Avila-Damian

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Aurelio AVILA-DAMIAN, Defendant-Appellant. No. 89-50702. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1991. * Decided Aug. 29, 1991. Before BROWNING, FARRIS and WILLIAM A. NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Aurelio Avila-Damian ("Avila") appeals his sentence under the Sentencing Guidelines ("Guidelines") following his conviction by guilty plea for transportation of illegal aliens in violation of 8 U.S.C. § 1324 (a)(1)(B). Avila contends that the district court's 50 month upward departure from the applicable Guidelines range, resulting in a 54 month sentence, was unreasonable. This court has jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We vacate the sentence and remand because the district court failed to explain fully the extent of its departure. See United States v. Lira-Barraza, No. 88-5161, slip op. 9025,…