United States v. Ramon Bonillo-Castro

990 F.2d 1261 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ramon BONILLO-CASTRO, Defendant-Appellee. No. 92-50379. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 18, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 The United States appeals the 106-month sentence imposed on Ramon Bonillo-Castro, following his guilty plea, for conspiracy to distribute heroin in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and use of a firearm during a drug trafficking crime in violation of 18 U.S.C. § 924 (c)(1). The government contends that the district court erred by imposing a sentence below the statutorily-mandated minimum. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand. 3 We review de novo a district court's decision to depart below the statutorily-mandated minimum sentence. United States v. Vilchez, 967…