United States v. Angela Ruiz

Opinion by Judge BOOCHEVER; Concurrence by Judge TASHIMA; Dissent by Judge TALLMAN

BOOCHEVER, Circuit Judge:

Angela Ruiz (“Ruiz”) appeals from the sentence imposed by the district court after she pled guilty to charges of marijuana importation. Ruiz challenges the Government’s refusal to recommend, and the district court’s denial of, a downward departure from the applicable sentencing guideline range under the “fast track” program. We reverse and remand.

BACKGROUND

Ruiz was arrested for importing marijuana from Mexico into the United States. The Government offered a plea bargain which, among…