United States v. Rogelio Saldena Mendez

9 F.3d 1554 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rogelio Saldena MENDEZ, Defendant-Appellee. No. 91-30435. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1992. Decided Oct. 29, 1993. Before: HUG, FLETCHER and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 The Government appeals the district court's downward departure from the Sentencing Guidelines in sentencing career offender Mendez to a sentence of twenty-one months instead of the career offender guidelines, U.S.S.G. § 4B1.1, range of 168-210 months. It argues that the district court erred in departing from the career offender provisions on the basis of the small quantities of drugs involved, the previous leniency of state court sentences, and its perception that the federal prosecution was invoked for an improper purpose. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . The jurisdiction of this court rests…