United States Ninth Circuit

It is an abuse of discretion for a district court to depart downward in sentencing a defendant based on its belief that the defendant would have received a lesser sentence had he been prosecuted in state court.

Appellate Information

• Decided 03/04/2002
• Published 03/04/2002

Judges

• Before:  CANBY, HAWKINS and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas E. Flynn, Assistant United States Attorney, Sacramento, CA, for the appellant.


• For Appellees:
  
• Danny D. Brace, Jr., Sacramento, CA, for the appellee.