UNITED STATES v. BARKER

Nos. 84-1240 to 84-1242, 84-1244 and 84-1280.

771 F.2d 1362 (1985)

UNITED STATES of America, Plaintiff/Appellee, v. Robert Wayne BARKER, Defendant/Appellant. UNITED STATES of America, Plaintiff/Appellee, v. William Bernard McKINNEY, Defendant/Appellant. UNITED STATES of America, Plaintiff/Appellee, v. Jeffrey Martin ENGLE, Defendant/Appellant. UNITED STATES of America, Plaintiff/Appellee, v. George Leland TIMMONS, III, Defendant/Appellant. UNITED STATES of America, Plaintiff/Appellee, v. Jason ENGLE, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 20, 1985.


Attorney(s) appearing for the Case

Joseph P. Russoniello, U.S. Atty., Sanford Svetcov, Asst. U.S. Atty., Rodolfo Orjales, San Francisco, Cal., for plaintiff/appellee.

Michael Pancer, San Diego, Cal., and Victor Sherman, Nasatir, Sherman & Hirsch, Los Angeles, Cal., for defendants/appellants.

Before MERRILL, CANBY and NORRIS, Circuit Judges.


CANBY, Circuit Judge:

Each appellant pleaded guilty to one count arising from participation in a single shipment of marijuana that was part of a large and protracted marijuana smuggling operation. Each was sentenced to the maximum term permitted by statute. On appeal, each contends that the district court abused its ordinarily wide discretion in sentencing by failing adequately to consider individualized factors. We agree, vacate appellants' sentences, and remand...

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