United States v. Julian Jorge Morales , 923 F.2d 621 ( 1991 )

LAY, Chief Judge,

dissenting in part.

In the present case, the district court erroneously believed the defendant lied to the authorities. .The government conceded at oral argument that the district court was mistaken; that the defendant did not lie. With the government’s explanation, since great deference should be given to a district court as to whether there should be departure from the guidelines, I respectfully submit that the case should be remanded to the district court for reevaluation in light of the government’s candid appraisal of the record. With the obvious language barrier that existed between the defendant and the authorities, and the prior misunderstanding of the court, whether the district court would once again refuse to depart from the guidelines is speculative. The majority opinion simply substitutes its judgment for that of the district court. This is inappropriate. Therefore I dissent.