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U.S. v. LEYVA-FRANCO

No. 02-10036.

311 F.3d 1194 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Oscar Guadalupe LEYVA-FRANCO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 5, 2002.

Attorney(s) appearing for the Case

Paul K. Charlton, Georgia B. Ellexson, Richard E. Gordon, United States Attorney's Office, Tucson, AZ, for the appellant.

Jose H. Robles, The Johnson House Offices, Tucson, AZ, for the appellee.

Before STAPLETON, O'SCANNLAIN, and FERNANDEZ, Circuit Judges.

OPINION

PER CURIAM.

The United States appeals from a sentence imposed on appellee, Oscar Guadalupe Leyva-Franco, for importing five kilograms or more of cocaine from Mexico. The sentence was a result of a downward departure of four levels based on "aberrant behavior." U.S.S.G. § 5K2.20. The government objected to the departure, relying on evidence tending to show that the defendant had admitted to a customs...

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