United States v. Francisco Rodriguez-Martinez

Opinion by Judge O’SCANNLAIN.

We consider the conditions under which a court may depart upward from a statutorily-imposed mandatory minimum sentence.

I

Francisco Rodriguez-Martinez (“Rodriguez”) was convicted of possession with intent to distribute one kilogram of cocaine, in violation of 21 U.S.C. § 841 (a)(1) and 21 U.S.C. § 841 (b)(l)(B)(ii)(II). He appeals his sentence, contending that the court improperly departed upward under the United States Sentencing Guidelines.

The district court determined that Rodriguez had a base offense level of 26, which it adjusted by a two-point reduction for acceptance of responsibility to level 24. This adjusted offense level, in conjunction with his criminal history level of III, generated a sentencing range of 63 to 78 months. However, because Rodriguez’s offense carried a statutory minimum 10-year sentence, 21 U.S.C. § 841 (b)(l)(B)(ii), 120 months became the Guidelines sentence. United States Sentencing Commission, Guidelines Manual § 5Gl.l(b) (Nov. 1992); United States v. Williams, 939 F.2d 721, 726 (9th Cir.1991). Nevertheless, the court sentenced Rodriguez to 136 months, stating that a sentence above the statutory minimum was…