United States v. Ricky Birch and Sharon Birch

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Ricky BIRCH and Sharon Birch, Defendants-Appellees, Nos. 94-30110, 94-30111. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1995. * Decided June 14, 1995. Order Granting Rehearing and Amending Opinion Nov. 7, 1995. On Appeal from the United States District Court, for the Western District of Washington (Tacoma), D.C. No. CR-92-01324-JET; Jack E. Tanner, District Judge, Presiding. W.D.Wash. VACATED. Before: SKOPIL, HALL, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 The United States appeals the district court's decision to depart downward pursuant to U.S.S.G. Secs. 5K2.0, 5K2.10 and 5K2.11 in sentencing each of these defendants. On appeal, we consider first, whether the district court correctly identified mitigating circumstances that may justify departure; second, whether the identified circumstances actually exist; and third, whether the extent…