United States v. Robert Goroza

979 F.2d 856 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert GOROZA, Defendant-Appellee. No. 92-10038. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 6, 1992. Decided Nov. 20, 1992. Before JAMES R. BROWNING, WILLIAM A. NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 This case raises for the second time on appeal the question whether the district court erred in reducing Goroza's sentence as a reward for his cooperation with the government. Because we are bound by our previous decision in United States v. Goroza, 941 F.2d 905 (9th Cir.1991) ("Goroza I "), we must hold that the departure was error. 3 When originally sentencing Goroza, the district court expressed its belief that the government's failure to move for a departure absolutely barred it from departing under Guideline Section 5K1.1. The district court made an equivalent departure under another section of the Guidelines, but we…