United States v. Mary Jean Marquez

42 F.3d 1403 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mary Jean MARQUEZ, Defendant-Appellant. No. 94-50046. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1994. Decided Dec. 7, 1994. 1 Before: WALLACE, REINHARDT, and BRUNETTI, Circuit Judges 2 MEMORANDUM * FACTS AND PROCEEDINGS BELOW 3 Defendant/Appellant in this action, Mary Jean Marquez (Marquez), pleaded guilty to importing marijuana, in violation of 21 U.S.C. Secs. 952 , 960. Although the applicable Guideline range at the time of Marquez's initial sentencing was 18 to 24 months' custody, the district court sentenced Marquez to three years' probation. Thereafter, Marquez admitted violation of probation. Section 7B1.4 of the United States Sentencing Guidelines provided a range of 15 to 21 months' custody for Marquez's probation violation grade and criminal history level. The district court sentenced Marquez to 24 months' custody, three…