United States v. Boyd Livingston

977 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Boyd LIVINGSTON, Defendant-Appellant. No. 91-10552. United States Court of Appeals, Ninth Circuit. Submitted Aug. 20, 1992. * Decided Sept. 30, 1992. Before WIGGINS, O'SCANNLAIN and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Appellant Boyd Livingston appeals the sentence imposed by the district court following his conviction for kidnapping in violation of 18 U.S.C. § 1210 (a)(1). Livingston argues that the district court erred by failing to state adequately its reasons for departing upwards. This court has jurisdiction under 28 U.S.C. § 1291 . We reverse and remand for resentencing. BACKGROUND 3 Livingston was convicted of kidnapping in violation of 18 U.S.C. § 1210 (a)(1) following his plea of guilty. His original offense level was twenty-seven and his criminal history category was VI. This resulted in a Guidelines range of 130-162…