United States v. Riley, Chrisopher

Opinion for the Court filed by Circuit Judge GARLAND.

Opinion concurring in part and dissenting in part filed by Circuit Judge ROGERS.

GARLAND, Circuit Judge:

The United States appeals from a judgment of the United States District Court, granting defendant Christopher Riley a downward departure from the sentence required by the United States Sentencing Guidelines. Reviewing the judgment de novo, we hold that the departure was improper and remand the case for resentenc-ing.

I

On April 24, 2003, Riley pled guilty to a federal grand jury’s superceding indictment charging him with one count of…