917 F2d 28 United States v. James
917 F.2d 28
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
Cecil Lauren JAMES, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Aug. 17, 1990.
Decided Oct. 23, 1990.
Before GOODWIN, Chief Judge, KOZINSKI and NOONAN, Circuit Judges.
Because the district court failed to explain the extent of its departure from the guidelines in sentencing James, the sentence is ordered VACATED and the case REMANDED for resentencing. See United States v. Gayou, 901 F.2d 746, 750 (9th Cir.1990). The district court shall hold an evidentiary hearing prior to resentencing.