United States v. Joan Francine Clampitt

967 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joan Francine CLAMPITT, Defendant-Appellant. No. 91-30309. United States Court of Appeals, Ninth Circuit. Submitted June 2, 1992. Decided June 5, 1992. Before EUGENE A. WRIGHT, CANBY and WIGGINS, Circuit Judges. 1 Joan Clampitt appeals from the district court's upward departure to a sentence two levels above that dictated by the Sentencing Guidelines. We vacate the sentence and remand for resentencing. DISCUSSION 2 We require district courts to follow three steps before departing from the Sentencing Guidelines. First, the district court must determine whether there existed an "aggravating circumstance of a kind or to a degree the Commission did not adequately take into account when formulating the Guidelines." United States v. Lira-Barraza, 941 F.2d 745, 746 (9th Cir.1991) (en banc). If the Commission did not adequately consider the circumstance, the district court…