United States v. Pedro Santana-Gallegos

995 F.2d 234 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellee, v. Pedro SANTANA-GALLEGOS, Defendant-Appellant. No. 90-50592. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 9, 1993. As Amended June 17, 1993. Before HUG, WIGGINS and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Pedro Santana-Gallegos appeals his 20-month sentence, following a guilty plea, for conspiracy to harbor and transport illegal aliens in violation of 18 U.S.C. § 371 and 8 U.S.C. §§ 1324 (a)(1)(B), (C). Santana-Gallegos contends that the district court erred by departing upward from the Guidelines range based upon dangerous and inhumane treatment of illegal aliens. We have jurisdiction under 28 U.S.C. § 1291 and vacate and remand. 3 We use a three prong test to review a district court's decision to depart upward from the Guidelines range: first, we review de novo whether the district court correctly…