United States v. Allen Leon Stalcup

21 F.3d 1118 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Allen Leon STALCUP, Defendant-Appellant. No. 93-30189. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 1994. Decided April 13, 1994. Before: WRIGHT, TANG, and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Allen Stalcup appeals his sentence after pleading guilty to use of interstate facilities in aid of racketeering enterprises, in violation of 18 U.S.C. Sec. 1952 (a)(3), and money laundering, in violation of 18 U.S.C. Sec. 1956 (a)(1)(B)(i). We reverse and remand for further proceedings. DISCUSSION 3 At the time of the commission of Stalcup's crimes, a district court had authority to depart downward based on lack of youthful guidance. See United States v. Floyd, 945 F.2d 1096, 1100 (9th Cir.1991), amended, 956 F.2d 203 (9th Cir.1992), overruled on other grounds, 990 F.2d 501 (9th Cir.1993) (en banc). In November, 1992, the Sentencing…