Javier Torres-Ruiz v. United States

980 F.2d 738 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Javier TORRES-RUIZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 90-55658. United States Court of Appeals, Ninth Circuit. Submitted Aug. 20, 1992. * Decided Dec. 10, 1992. Before WILLIAM A. NORRIS, REINHARDT and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Javier Torres-Ruiz pled guilty to one count of transporting illegal aliens. See 8 U.S.C. § 1324 (a)(1)(B). Although the Sentencing Guidelines range called for a sentence of two to eight months in custody, and the Probation Department recommended a three-year sentence, Torres-Ruiz received a four-and-a-half-year prison term. The judge justified his upward departure on the grounds that Torres-Ruiz led officers on a 66-mile high-speed car chase that endangered public safety, was driving a stolen vehicle, and had in the past evaded criminal prosecution by using numerous aliases. Torres-Ruiz did not directly appeal his sentence, but…