United States v. Armi Feliciano Hess

967 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Armi Feliciano HESS, Defendant-Appellant. No. 91-10467. United States Court of Appeals, Ninth Circuit. Submitted April 15, 1992. * Decided May 29, 1992. Before FLETCHER, POOLE and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Defendant/appellant Armi Feliciano Hess pled guilty to one count of Alien Smuggling in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) and one count of Conspiracy to Smuggle Aliens in violation of 18 U.S.C. § 371 . The Presentence Report found her total offense level to be 11, resulting in a guideline range of 8-14 months. Hess provided assistance to the Government in identifying the illegal aliens she had smuggled into the country and helped to convict her co-conspirators. Therefore, the Government moved for a downward departure from the Guidelines. The district court considered the motion, but rejected it. The district judge stated that…