United States v. Jose Luis Sosa-Rivera

985 F.2d 576 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Luis SOSA-RIVERA, Defendant-Appellee. No. 92-50272. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 2, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 The United States appeals the sentence imposed on Jose Luis Sosa-Rivera following his guilty plea to possessing with intent to distribute marijuana in violation of 21 U.S.C. § 841 (a)(1). The government contends the district court erred by departing from the 21-27 month range prescribed by the Sentencing Guidelines to sentence appellee to straight probation without proper grounds and without articulating facts to support the departure. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We have established a three-part test for evaluating a district court's decision to depart from the presumptively applicable…