context: We find that consideration of dismissed offenses as a basis for an upward departure under SS 4A1.3 is a breach of that structure. We adopt the reasoning outlined by the Ninth Circuit that a sentencing court should not be allowed to violate the bargain worked out between the defendant and the government.
citation_a.signal: see also
citation_a.identifier: 997 F.2d 343, 346
citation_a.parenthetical: allowing consideration of offenses dismissed pursuant to plea bargains prior to the presently charged offenses, distinguishing Castro-Cervantes on the grounds that it "holds no more than that a defendant who pleads guilty receives the Guideline sentence for the crime to which he pleaded."
citation_a.sentence: Castro-Cervantes, 927 F.2d at 1082; United States v. Saldana, 12 F.3d 160, 163 (9th Cir.1993); see also United States v. Ruffin, 997 F.2d 343, 346 (7th Cir.1993) (allowing consideration of offenses dismissed pursuant to plea bargains prior to the presently charged offenses, distinguishing Castro-Cervantes on the grounds that it “holds no more than that a defendant who pleads guilty receives the Guideline sentence for the crime to which he pleaded.”); but see United States v. Zamarripa, 905 F.2d 337, 341 (10th Cir.1990) (when a defendant pleads to one in a series of offenses, some of which are dismissed, an upward departure is allowable based on the dismissed counts.).
citation_b.signal: but see
citation_b.identifier: 905 F.2d 337, 341
citation_b.parenthetical: when a defendant pleads to one in a series of offenses, some of which are dismissed, an upward departure is allowable based on the dismissed counts.
citation_b.sentence: Castro-Cervantes, 927 F.2d at 1082; United States v. Saldana, 12 F.3d 160, 163 (9th Cir.1993); see also United States v. Ruffin, 997 F.2d 343, 346 (7th Cir.1993) (allowing consideration of offenses dismissed pursuant to plea bargains prior to the presently charged offenses, distinguishing Castro-Cervantes on the grounds that it “holds no more than that a defendant who pleads guilty receives the Guideline sentence for the crime to which he pleaded.”); but see United States v. Zamarripa, 905 F.2d 337, 341 (10th Cir.1990) (when a defendant pleads to one in a series of offenses, some of which are dismissed, an upward departure is allowable based on the dismissed counts.).