U.S. v. Mendoza, No. 95-50110 (9th Cir.) (78 F.3d 460) (March 11, 1996) (Judge John T. Jr. Noonan)
Court held that it was improper to base an upward departure on the quantity of the drugs involved.
One of the issues raised in this case was a challenge to an upward departure because of the "sophistication, the enormous amount of drugs involved in this operation over a long period ...
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