Hawk

United States v. Hawk

Good Law
75 F. App'x 685
United States Court of Appeals for the Ninth CircuitSeptember 19, 2003No. 02-30019; D.C. No. CR-01-05218-RJBCalifornia125 words

Lead Opinion

MEMORANDUM **

Christopher Paul Hawk appeals the sentence imposed following his guilty plea conviction for second degree murder, because the sentencing judge upwardly departed from criminal history category IV to category V pursuant to U.S.S.G. § 4A1.3. We remand for resentencing to include specific findings supporting the upward departure; United States v. Carrillo-Alvarez, 3 F.3d 316, 324 (9th Cir.1993). See also United States v. Singleton, 917 F.2d 411 (9th Cir.1990).

The decision of the district court is

REMANDED for resentencing.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Dissenting Opinion

Kleinfeld, J.

dissenting.

I respectfully dissent.

In my view, the findings at pages 43-46 of the sentencing transcript suffice.