U.S. Court of Appeals for the Ninth Circuit, 2003

United States v. Hawk

U.S. Court of Appeals for the Ninth Circuit · Decided September 19, 2003 · Kleinfeld

75 F. App'x 685

Opinion of the Court

MEMORANDUM**

Christopher Paul Hawk appeals the sentence imposed following his guilty plea conviction for second degree murder, because the sentencing judge upwardly departed from criminal history category IV to category V pursuant to U.S.S.G. § 4A1.3. We remand for resentencing to include specific findings supporting the upward departure; United States v. Carrillo-Alvarez, 3 F.3d 316, 324 (9th Cir. 1993). See also United States v. Singleton, 917 F.2d 411 (9th Cir. 1990).

The decision of the district court is

REMANDED for resentencing.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Dissenting Opinion

KLEINFELD, Circuit Judge,

dissenting.

I respectfully dissent.

In my view, the findings at pages 43-46 of the sentencing transcript suffice.

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