United States v. David Ornelas

983 F.2d 1079 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David ORNELAS, Defendant-Appellee. No. 92-50184. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 7, 1993. Decided Jan. 14, 1993. 1 Before CANBY and WILLIAM A. NORRIS, Circuit Judges, and TANNER * Senior District Judge. 2 MEMORANDUM ** 3 David Ornelas pleaded guilty to one count of unarmed bank robbery in violation of 18 U.S.C. § 2113 (a). The district court granted him a two level downward departure in computing his sentence under the Sentencing Guidelines. The court departed downward because it found that Ornelas' suffered from a "chemical imbalance" that made him unable to control a long-time heroin addiction. The government timely appeals. We have jurisdiction under 18 U.S.C. § 3742 (b) and 28 U.S.C. § 1291 . We vacate the sentence and remand for resentencing. 4 We review de novo the district court's interpretation and…