Wells
United States v. Wells
Opinion
Opinion
896 F.2d 556 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Carlos Joseph WELLS, Defendant-Appellant. No. 89-50127. United States Court of Appeals, Ninth Circuit. Submitted Feb. 1, 1990. * Decided Feb. 14, 1990. Before NELSON, BRUNETTI and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Carlos Joseph Wells was convicted of conspiring to sell, and selling, stolen United States Savings Bonds. Departing from the recommendation of the presentence report, the district judge sentenced appellant at the upper edge of the Guidelines. Appellant contends that this decision was based in part on erroneous information in violation of his due process rights. We disagree and affirm the sentence of the district court. FACTUAL AND PROCEDURAL BACKGROUND 3 On December 9, 1988, appellant was convicted in a jury trial of conspiracy to sell stolen United States Savings Bonds and the unlawful sale of those same…