United States v. Antonio Marin-Colon

974 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio MARIN-COLON, Defendant-Appellant. No. 91-50494. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 9, 1992. Decided Aug. 28, 1992. 1 Before CANBY, REINHARDT and DAVID R. THOMPSON, Circuit Judges ORDER 2 The petition of appellant Marin Colon for rehearing is GRANTED. The memorandum filed by this court in this case on June 2, 1992 is withdrawn and the decision is vacated. The attached memorandum disposition is ordered to be filed in its place. 3 MEMORANDUM * 4 Antonio Marin-Colon appeals the district court's imposition of a forty-eight month sentence for the transportation of illegal aliens in violation of 8 U.S.C. § 1324 (a)(1)(b). We vacate the sentence and remand for resentencing. DISCUSSION Departure from the Guidelines 5 We require district courts to follow three steps before departing from the sentence required by the…