United States v. Tyrone Cadle

988 F.2d 123 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Tyrone CADLE, Defendant-Appellee. No. 92-50387. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1993. * Decided Feb. 26, 1993. Appeal from the United States District Court for the Central District of California, No. CR-91-0945-RMT-1; Robert M. Takasugi, District Judge, Presiding. C.D.Cal. VACATED AND REMANDED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 The United States appeals the district court's downward departure from the applicable Sentencing Guidelines sentencing range. Cadle pleaded guilty to transferring three unregistered silencers, in violation of 18 U.S.C. 5861(e), on two different occasions. The government contends that the district court erred by determining that Cadle's repeated sales of silencers constituted aberrant behavior and that Cadle's family situation was extraordinary. In the alternative, the…