Ybarra-Ballesteros

902 F.2d 42 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gabriel YBARRA-BALLESTEROS, Defendant-Appellant. No. 89-50094. United States Court of Appeals, Ninth Circuit. Argued Nov. 1, 1989. Resubmitted April 20, 1990. Decided April 30, 1990. Before HUG, CANBY and BOOCHEVER, Circuit Judges. 1 MEMORANDUM * 2 Appellant, Gabriel Ybarra-Ballesteros, was arrested and convicted for transporting illegal aliens. Ybarra-Ballesteros' Sentencing Guideline range indicated 21-27 months imprisonment. The district judge departed from the Guidelines and sentenced Ybarra-Ballesteros to a term of four years, followed by three years of supervised release. Ybarra-Ballesteros appealed. Appellant contests the basis for the departure and that the addition of the supervised release results in a sentence exceeding the statutory maximum. 3 From the evidence presented at the bench trial, the district judge could properly have…