United States v. Juan David Vilchez

During a joint undercover operation between the federal government and the Los Angeles Police Department (“L.A.P.D.”), law enforcement officials witnessed, at different times, Jose Mondron and Juan Vil-chez dealing in heroin. Mondron was arrested and prosecuted in California state court. Vilchez was arrested several months later and prosecuted in federal court. Vilchez subsequently pleaded guilty to the distribution of heroin. At sentencing, the district court departed downward below both the applicable Sentencing Guidelines range and the statutorily mandated minimum sentence. The district court explained that its decision to depart downward was necessary to avoid disparity between Mondron’s and Vilchez’s sentences. The government appeals the downward departure. We vacate and remand for resentencing.

BACKGROUND

On June 20, 1990, the L.A.P.D. arrested Jose Mondron after he and Jose Gamez arranged a sale of heroin with a confidential informant. Mondron had in his possession at the time of arrest 465 grams of heroin. The undercover operation that netted Mondron was a joint investigation conducted by the L.A.P.D. and the federal government. Mondron was prosecuted in state court,…