United States v. Salvador Guzman-Perez

45 F.3d 437 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Salvador GUZMAN-PEREZ, Defendant/Appellee. No. 92-30143. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1994. * Decided Dec. 16, 1994. Before: D.W. NELSON, TROTT, T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 We are sympathetic to the frustrations expressed by the sentencing judge in this case. Nevertheless, the Guidelines represent the law and must be adhered to until repealed or changed. 3 In this case, a searching review of the record indicates that the central basis for the sentencing judge's downward departure was the small quantity of narcotics sold in the relevant transaction. Such a focus falls short of the test now sanctioned by our opinion in United States v. Reyes, 8 F.3d 1379 (9th Cir.1983), a test that requires a sentencing judge considering a downward departure in a career offender context to consider "the comparative treatment of…