Ingram

936 F.2d 580 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Robert INGRAM, Defendant-Appellant. No. 90-30380. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1991. * Decided June 11, 1991. As Amended on Denial of Rehearing and Rehearing En Banc Aug. 15, 1991. Before EUGENE A. WRIGHT, FARRIS and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 James Ingram pleaded guilty to being a felon in possession of a firearm and received a sentence of 27 months. The court departed upward increasing his criminal history category from category III to category V based on his prior criminal activity. He appeals his sentence and we affirm. STANDARD OF REVIEW 3 "The standard of review for departures from the Guidelines in this Circuit is unsettled." United States v. Martinez-Duran, slip op. No. 89-50583, 2279, 2283 (February 28, 1991). 1 We will review sentencing departures by a two-step…