U.S. v. LEE

No. 11-10460.

725 F.3d 1159 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Jackie Yong LEE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2013.


Attorney(s) appearing for the Case

Mark Eibert , Half Moon Bay, CA, for Defendant-Appellant.

Karon V. Johnson , Assistant United States Attorney, Hagtfia, Guam, for Plaintiff-Appellee.

Before: STEPHEN REINHARDT, SIDNEY R. THOMAS, and RICHARD A. PAEZ, Circuit Judges.


OPINION

PER CURIAM:

The district court committed three significant errors at Jackie Yong Lee's sentencing. First, the court failed to use the Guidelines as a starting point. Instead, it determined the sentence it desired to impose and then decided the extent of the Guidelines reduction to be afforded, in order to make the sentence fit within the Guidelines. This was the converse procedure to that which it was required to follow. Second, it incorrectly calculated...

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