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U.S. v. TODD

No. 89-50435.

909 F.2d 395 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Leslie TODD, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 26, 1990.

Attorney(s) appearing for the Case

Robert Carriedo, Chula Vista, Cal., for defendant-appellant.

William Braniff, U.S. Atty. and Mary A. Schneider, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before HUG, BOOCHEVER and BEEZER, Circuit Judges.

HUG, Circuit Judge:

The central issue in this case is whether the district court can depart from the Sentencing Guidelines without explaining how it arrived at its degree of departure. We hold that when the district court gives no explanation for its degree of departure, the appellate court cannot adequately determine whether the departure was "unreasonable" on review. See 18 U.S.C. §§ 3553(a), (c), 3742(e)(3) (1988). Therefore, we remand to the district...

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