U.S. v. CAPERNA

Nos. 00-30149, 00-30163.

251 F.3d 827 (2001)

UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. Alex CAPERNA, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 2001.


Attorney(s) appearing for the Case

Bonnie E. MacNaughton, United States Attorney's Office, Seattle, Washington, for the plaintiff-appellant.

Matthew N. Menzer, McNaul, Ebel, Nawrot, Helgren & Vance, P.L.L.C., Seattle, Washington, for the defendant-appellee, cross-appellant.

Before: DONALD P. LAY, STEPHEN S. TROTT, and MARSHA S. BERZON, Circuit Judges.


Argued and Submitted May 7, 2001 — Seattle, Washington.

TROTT, Circuit Judge:

The district court departed downward from Appellant Alex Caperna's applicable sentencing guidelines range because two of Caperna's co-defendants received what the court deemed to be lesser sentences in light of their relative culpabilities.

The government timely appealed, and we have jurisdiction pursuant to 28 U.S.C. § 1291 (2000) and 18 U.S.C. § 3742(b...

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