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U.S. v. SABLAN

No. 94-10534.

114 F.3d 913 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. David Tenorio SABLAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 5, 1997.

Attorney(s) appearing for the Case

William C. Bischoff, Agana, Guam, for defendant-appellant.

Mark E. Kondas, Assistant United States Attorney, Agana, Guam; Vicki S. Marani, United States Department of Justice, Washington, D.C., for plaintiff-appellee.

Before: HUG, Chief Judge, BROWNING, SCHROEDER, REINHARDT, WIGGINS, BRUNETTI, KOZINSKI, LEAVY, FERNANDEZ, KLEINFELD and TASHIMA, Circuit Judges.

OPINION

LEAVY, Circuit Judge:

This appeal arises out of a district court's exercise of its discretion to depart upward from the applicable Guideline range in imposing sentence. The court found aggravating circumstances for its upward departure, as required by 18 U.S.C. § 3553(b) and (c).1 Pursuant to 18 U.S.C. § 3742(e),2 we must now determine whether the extent of that departure was unreasonable...

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