United States v. Stephen Wing-Ki Poon

976 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Stephen Wing-Ki POON, Defendant-Appellee No. 92-30010. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 15, 1992. Decided Sept. 24, 1992. Before EUGENE A. WRIGHT, FLETCHER and CANBY, Circuit Judges. 1 MEMORANDUM * 2 The district court found that a downward departure was justified by, inter alia, Poon's efforts at restitution and recovery of the fruits of the crime "to a degree substantially in excess," U.S.S.G. § 5K2.0, of that which typically justifies a two-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1(a). 3 We conclude that the district court did not err in so ruling. "When a court finds an atypical case, one to which a particular guideline linguistically applies but where conduct significantly differs from the norm, the court may consider whether a departure is warranted.... With [certain]…