United States v. Anthony Charles Guarino Timothy Richard Guarino Paul Eller Riggin, Jr.

61 F.3d 913 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony Charles GUARINO; Timothy Richard Guarino; Paul Eller Riggin, Jr., Defendants-Appellees. No. 94-30403. United States Court of Appeals, Ninth Circuit. Submitted March 27, 1995. * Decided July 18, 1995. Before: HUG, HALL and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 We remanded this case to allow the district court to make specific factual findings to support its downward departures from the Sentencing Guidelines for the defendants' aberrant behavior. The district court has made factual findings and exercised its discretion again to depart downward for aberrant behavior. While we agree with the government that the district court considered one impermissible factor, we nevertheless affirm the sentences based on the remaining permissible factors. 3 The district court found that each defendant "was under severe financial pressure" at the time the bank robbery…