United States of America, Plaintiff-Appellee/cross-Appellant v. William John Brinton and Brett Alan Brinton, Defendants-Appellants/cross-Appellees

57 F.3d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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/Cross-Appellant, v. William John BRINTON and Brett Alan Brinton, Defendants-Appellants/Cross-Appellees. Nos. 94-50244, 94-50261, 94-50246 and 94-50258. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1995. Decided June 15, 1995. Before: WALLACE, Chief Judge, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM * 2 This is the Brintons' second trip to the court of appeals as a result of the district court's refusal to consider and rationally apply the United States Sentencing Guidelines. We reverse the downward departure and affirm the applicability of the statutory mandatory minimum, 21 U.S.C. Sec. 841 (b)(1)(A)(vii), to the drug convictions of both Brett and William. 1 By separate order, we revoke bail. 3 * The brothers contend that application of the mandatory minimum in determining their sentences is barred by either Chapman v. United States,…