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U.S. v. SHARP

No. 88-5186.

883 F.2d 829 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Douglas SHARP, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 29, 1989.

Attorney(s) appearing for the Case

Thomas H. Bienert, Jr., Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellant.

Elsa Leyva, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellee.

Before BROWNING, FARRIS and CANBY, Circuit Judges.

PER CURIAM:

The government's appeal from the sentence imposed on Douglas Sharp requires us to determine whether a district court may justify a sentence below the minimum established by the Anti-Drug Abuse Act of 1986 by relying upon mitigating circumstances sufficient to justify a sentence below the minimum established by the United States Sentencing Guidelines. We hold that it may not, and therefore vacate Sharp's sentence and remand for resentencing.

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