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U.S. v. BROWN

No. 92-50247.

985 F.2d 478 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. James Michael BROWN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 10, 1993.

Attorney(s) appearing for the Case

Deborah Lewis, Asst. Federal Public Defender, Los Angeles, CA, for defendant-appellant.

Barbara M. Scheper, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before: CANBY and NORRIS, Circuit Judges and TANNER, District Judge.

CANBY, Circuit Judge:

Defendant-appellant James Michael Brown challenges the district court's refusal, in sentencing him following his conviction on three counts of bank robbery, to depart downward from the applicable guideline range. Because we conclude that the district court acted under the erroneous impression that it lacked authority to depart, we vacate Brown's sentence and remand his case for resentencing.

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