United States v. Melody Rochelle Singleton

28 F.3d 110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Melody Rochelle SINGLETON, Defendant-Appellee. No. 93-30098. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1993. Submission Vacated Jan. 24, 1994. Resubmitted June 14, 1994. Decided June 24, 1994. Before: BROWNING, NORRIS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 The United States appeals the sentence the district court imposed upon the defendant, a black woman, in this case. We vacate defendant's sentence and remand so that the district court may hold an evidentiary hearing to determine if the government's decision not to recommend a downward departure in defendant's particular case was racially motivated. BACKGROUND 3 At Singleton's sentencing hearing on July 10, 1992, the district court informed the parties that it lacked sufficient information to sentence the defendant. It observed, sua sponte, that the defendant appeared…