United States v. Anthony Charles Guarino Timothy Richard Guarino Paul Eller Riggin, Jr.

24 F.3d 250 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony Charles GUARINO; Timothy Richard Guarino; Paul Eller Riggin, Jr., Defendants-Appellees. No. 93-30211. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 9, 1994. Decided April 21, 1994. Before: HUG, HALL, and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 The United States appeals the sentences imposed under the Sentencing Guidelines on Anthony Charles Guarino, Timothy Richard Guarino, and Paul Eller Riggin, Jr. in connection with their respective guilty pleas to armed bank robbery and using a firearm during a violent crime. The government argues that the district court erred in departing downward from the applicable guideline range on the basis of the defendants' "lack of youthful guidance" and "aberrant behavior." We remand for reconsideration in light of the district court's impermissible reliance on lack of youthful guidance as a…