United States v. Lee Arthur Moore

990 F.2d 1264 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lee Arthur MOORE, Defendant-Appellee. No. 92-50313. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 5, 1993. Decided March 31, 1993. Before PREGERSON, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM * 2 The government appeals the district court's decision to grant defendant Lee Arthur Moore a downward departure from the applicable sentencing guideline range. The district court departed so that Moore would be eligible for immediate placement in the Bureau of Prisons' "Intensive Confinement Center." We reverse. 3 This appeal presents the novel question of whether a sentencing court may depart downward from an uncontested guideline range to make a prisoner immediately eligible to participate in the federal "shock incarceration" program. The district court apparently relied on the confluence of Moore's desire to participate in the program,…