U.S. v. PEDRIOLI

No. 91-10392.

978 F.2d 457 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Richard D. PEDRIOLI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 13, 1992.


Attorney(s) appearing for the Case

James R. Homola, Fresno, Cal., for defendant-appellant.

Jonathan B. Conklin, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Before: WALLACE, Chief Judge, and GOODWIN and POOLE, Circuit Judges.


GOODWIN, Circuit Judge:

Richard Dean Pedrioli appeals his sentence under section 2M5.2 of the United States Sentencing Guidelines for the unlawful exportation of handguns. The district court departed from the Guideline Range on the basis of the volume of commerce involved in the crime and the fact that the handguns were allegedly intended to wage war. We understand the sentencing judge's impatience with the statutory restrictions that displace the court's discretion...

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