Menyweather

United States v. Menyweather

Good Law
36 F. App'x 262
United States Court of Appeals for the Ninth CircuitMay 16, 2002No. 01-50438; D.C. No. CR-00-01253-RCalifornia326 words

Opinion

Lead Opinion

MEMORANDUM **

The Government appeals the sentence imposed on Defendant Dorothy Meny- *263 weather, arguing that the district court abused its discretion when it failed to provide reasons for its eight-level downward departure from the sentence indicated by the United States Sentencing Guidelines. Defendant concedes that the district court erred by not explaining its reasoning for both the direction and the degree of the departure. See, e.g., United States v. Green, 105 F.3d 1321, 1322 (9th Cir.1997).

The parties disagree only about the appropriate scope of the remand. We conclude that a limitation on the remand is not appropriate but, instead, that we will simply vacate the sentence and remand the case to the district court for resentencing and for a specific explanation for the departure, if any, that the court deems is warranted. See United States v. Matthews, 278 F.3d 880, 885-86 (9th Cir.2002) (en banc) (holding that, as a general matter, if a district court errs in sentencing, we remand for resentencing "without a limiting instruction). We are not persuaded that the circumstances justify a limiting instruction here.

In resolving the issue presented to us by the parties, we…

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