United States Ninth Circuit

Imposition of one-day sentence for assault with intent to commit first degree murder was abuse of discretion, where court failed to justify such a drastic downward departure for crime of such magnitude; court was not permitted to depart downward based on, among other factors, imposition of mandatory consecutive sentence, thus, sentence vacated, case remanded for re-sentencing, and re-assigned based on likelihood of deciding judge's difficulty in disregarding previously-expressed views.

Appellate Information

• Argued 03/06/2002
• Decided 04/17/2002
• Published 04/17/2002

Judges

• Before ALARCON, SILVERMAN, Circuit Judges, and BREWSTER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Karin B. Hoppmann, Attorney, U.S. Department of Justice, Criminal Division Appellate Section, Washington, D.C., for the plaintiff-appellant.


• For Appellees:
  
• Wayne C. Fricke, Attorney, Law Offices of Monte E. Hester, Inc., P.S., Tacoma, Washington, for the defendant-appellee.