United States v. Louis Vargas

41 F.3d 1515 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Louis VARGAS, Defendant-Appellant. No. 93-50236. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1994. Decided Nov. 9, 1994. Before: WALLACE, Chief Judge, REINHARDT and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Louis Vargas challenges the sentence imposed for his securities fraud conviction. Vargas argues that: (1) the district court erred in departing upward based on the large amount of loss involved, and (2) even if an upward departure was warranted, the extent of the district court's departure from the Guidelines was unreasonable. We affirm the district court's decision that it had authority to depart upward because of the extraordinary amount of loss involved. However, we remand for twenty-eight (28) days, because the district judge failed to provide an adequate explanation for the extent of departure. I. 3 The district court must…