Jesus Munguia Mendoza appeals the sentence imposed following his plea of guilty to possession of methamphetamine with intent to distribute, a violation of 21 U.S.C. § 841(a)(1). Mendoza contends that the district court erred in concluding that it lacked legal authority under the Sentencing Guidelines to depart downward on the ground that Mendoza had no control over, or knowledge of, the purity of the methamphetamine that he delivered. We agree that, under the sentencing principles set forth in Koon v. United States, 518 U.S. 81, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996)—a decision of which the district court did not have the benefit at the time of sentencing—the district court erred in concluding that it lacked power to depart on the ground urged by Mendoza. We accordingly *512 vacate the sentence and remand for resentencing.
Read the Fulle Case Here: US v. Mendoza, 121 F.3d 510 (9th Cir. 1997), https://casetext.com/case/united-states-v-mendoza-4/
Federal Sentencing Guidelines can be found here: https://www.ussc.gov
Primer on Departures and Variances can be found here: https://www.ussc.gov/sites/default/files/pdf/training/primers/2023_Primer_Departure_Variance.pdf
Anton Vialtsin, Esq.
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