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United States v. Salvador Guzman-Perez
Citations: 45 F.3d 437; 1994 U.S. App. LEXIS 40325; 1994 WL 712443Docket: 92-30143
Court: Court of Appeals for the Ninth Circuit; December 15, 1994; Federal Appellate Court
The Ninth Circuit Court of Appeals addressed the case of United States v. Salvador Guzman-Perez, where the sentencing judge had granted a downward departure based on the small quantity of narcotics involved. The appellate court emphasized adherence to the sentencing guidelines and clarified that the judge's rationale did not align with established precedent from United States v. Reyes, which requires a sentencing judge to evaluate the comparative treatment of offenders with similar criminal histories when considering downward departures, particularly for career offenders. Guzman-Perez's criminal history, which includes serious offenses such as residential burglary, selling cocaine, and possessing marijuana for sale, justified his classification as a career offender. The court found that the sentencing judge's decision to not impose career offender sanctions was erroneous given Guzman-Perez's extensive and serious criminal background. Additionally, the district court improperly took into account the federal government's enforcement policy in Old Town, which is not relevant to sentencing decisions. Consequently, the appellate court vacated Guzman-Perez's sentence and remanded the case for resentencing, instructing that he be sentenced as a career offender at level 30, category VI, with a range of 168-210 months. The decision was made without oral argument and is not to be published or cited except under specific conditions.