United States v. Octavio Reyes Villegas

86 F.3d 1165 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Octavio Reyes VILLEGAS, Defendant-Appellee. No. 95-50410. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 1996. Decided May 31, 1996. Before: HALL, O'SCANNLAIN and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 The United States appeals the 12-month sentence of Octavio Reyes Villegas, who was convicted of one count of conspiracy to sell counterfeit currency in violation of 18 U.S.C. § 922 (g)(1). The district court granted Villegas a downward departure from the Sentencing Guidelines apparently on the basis either that Villegas was the victim of sentencing entrapment, or that he was subjected to sentencing manipulation by the investigating authorities. We vacate and remand for resentencing. 1 3 The only theory presented for review is sentencing entrapment. Counsel for Villegas stated at oral argument that the only issue on appeal was…