United States v. Terry A. Douglas

15 F.3d 1091 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Terry A. DOUGLAS, Defendant-Appellee. No. 93-30084. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1993. Decided Dec. 7, 1993. 1 Before: GOODWIN and HUG, Circuit Judges, and MCKIBBEN, * District Judge. 2 MEMORANDUM ** 3 The defendant pled guilty to violations of 18 U.S.C. Sec. 1511 (obstruction of state or local law enforcement) and 18 U.S.C. Sec. 1955 (prohibition of illegal gambling business). At sentencing, the court made a downward departure under U.S.S.G. Sec. 5K2.0 and imposed a sentence of three years probation, including six months of home confinement. The government appeals this downward departure arguing that it was based upon the court's desire for parity between Douglas and his codefendant, an improper basis for departure under the Sentencing Guidelines. We agree. A. Downward Departures Based on Parity 4 This Court reviews…