United States Ninth Circuit

Defendant's sentence for her involvement in a methamphetamine distribution scheme is vacated and remanded for resentencing, where: 1) the district court failed to use the Guidelines as a starting point, instead determining the sentence it desired to impose and then deciding the extent of the Guidelines reduction to be afforded in order to make the sentence fit within the Guidelines; 2) the district court incorrectly calculated the base offense level because it improperly held that the defendant had pled guilty to transporting methamphetamine of a certain purity; and 3) the district court failed to determine a revised minimum sentence under 18 U.S.C. sentence 3553(e), a determination it was required to make when considering substantial assistance.

Appellate Information

• Decided 08/07/2013
• Published 08/07/2013

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel