United States v. Sergio Alcaraz-Peralta

967 F.2d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Sergio ALCARAZ-PERALTA, Defendant-Appellee. No. 91-10510. United States Court of Appeals, Ninth Circuit. Submitted June 12, 1992. * Decided July 2, 1992. Before JAMES R. BROWNING, ALDISERT ** and PREGERSON, Circuit Judges. 1 MEMORANDUM *** 2 The United States appeals the district court's order sentencing Sergio Alcaraz-Peralta to 24 months in prison for possession with intent to distribute 444 pounds of marijuana, a violation of 21 U.S.C. § 841 (a)(1). 1 The presentence report calculated a guideline range of 41-51 months imprisonment. The offense, however, carries a mandatory minimum sentence of 60 months. 21 U.S.C. § 841 (b)(1)(B). 2 3 The government contends that the district court erred by imposing a sentence below the mandatory minimum required by section 841. We vacate Alcaraz-Peralta's sentence and remand for clarification and for resentencing. 4…