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U.S. v. ORTIZ

No. SACR 91-13(A)-GLT.

783 F.Supp. 507 (1992)

UNITED STATES of America, Plaintiff, v. Rolando Madriz ORTIZ, Defendant.

United States District Court, C.D. California.

January 29, 1992.

Attorney(s) appearing for the Case

David A. Hoffer, Asst. U.S. Atty., Santa Ana, Cal., for plaintiff.

Law Offices of Howard J. Shopenn, Beverly Hills, Cal., for defendant.

MEMORANDUM OPINION

TAYLOR, District Judge.

This case presents the novel questions whether it is a due process violation to transfer a defendant's case from state to federal prosecution solely to obtain an increased federal sentence, and whether the court may depart from federal sentencing guidelines because the state sentence would have been substantially less severe than the federal sentence. Both questions are answered in the negative.

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