United States v. Alexander Williams, III

963 F.2d 381 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, Plaintiff-Appellee, v. Alexander WILLIAMS, III, Defendant-Appellant. No. 91-30261. United States Court of Appeals, Ninth Circuit. Submitted May 7, 1992. * Decided May 14, 1992. Before PREGERSON, TROTT and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Alexander Williams pled guilty to fraudulent use of two Visa credit cards in violation of 18 U.S.C. § 1029 (a)(2) (Supp.1992), and to making false statements in violation of 18 U.S.C. § 1001 (1976). The district court departed upward from the Sentencing Guidelines. Williams appeals the district court's upward departure. 3 This appeal was timely filed. See Fed.R.App.P. 4(b). We have jurisdiction under 28 U.S.C. § 1291 (1966 and Supp.1992) and affirm the district court's decision. 4 We review for clear error the district court's factual findings that an aggravating circumstance warrants upward departure. United States v. Lira-Barraza, 941…