What is the result of a motion to vacate and remand a sentence for assault and battery?

The result is otherwise with respect with the two remote convictions involving assault and battery. Those offenses have nothing in common with the offenses involved here, and it was error for the magistrate to consider them in deciding to upwardly depart. "[W]hen some of the reasons stated [for a departure] are proper and some are improper, we must vacate and remand for resentencing." United States v. Cervantes-Lucatero, 889 F.2d 916, 919 (9th Cir.1989). We therefore vacate Leake's sentence and remand for resentencing.