Court of Appeals for the Ninth Circuit June 1, 2001, 00-30149, 00-30163 (United States of America, Plaintiff-Appellant-Cross-Appellee v. Alex Caperna, Defendant-Appellee-Cross-Appellant)

TROTT, Circuit Judge:

The district court departed downward from Appellant Alex Caperna’s applicable sentencing guidelines range because two of Caperna’s co-defendants received what the court deemed to be lesser sentences in light of their relative culpabilities.

The government timely appealed, and we have jurisdiction pursuant to 28 U.S.C. § 1291 (2000) and 18 U.S.C. § 3742(b) (2000).