United States v. Jorge Perez-Magana

943 F.2d 56 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jorge PEREZ-MAGANA, Defendant-Appellant. No. 90-50107. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 8, 1990. Decided Sept. 9, 1991. Before D.W. NELSON and REINHARDT, Circuit Judges, and SINGLETON, * District Judge. MEMORANDUM ** Appellant Jorge Perez-Magana, convicted of transporting illegal aliens, appeals the district court's imposition of a 30-month sentence, which included an upward departure from the 6-12 month sentencing range suggested by the Sentencing Guidelines. While appellant concedes that the district court could depart and that it adequately explained its decision to do so, he argues that its degree of departure was unreasonable and that the court failed to give reasons for such a degree. We vacate the sentence and remand for resentencing. In reviewing a district court's departure from the Sentencing Guidelines, we use the…