United States v. Jose Checchini

967 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose CHECCHINI, Defendant-Appellant. No. 91-50598. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 5, 1992. Decided June 23, 1992. Before TANG, SCHROEDER and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 In July 1991, Jose M. Checchini pleaded guilty to attempting to export items on the Federal Munitions Control List without a license, in violation of 22 U.S.C. § 2778 (c). At sentencing, the district court determined that Checchini had attempted to export "sophisticated weaponry" and, accordingly, calculated Checchini's base offense level to be 22 under Sentencing Guidelines § 2M5.2 (1988). The district court sentenced Checchini to 33 months in prison. Checchini appeals the sentence imposed by the district court. We affirm. 1 3 Ordinarily, courts apply the Sentencing Guidelines in effect at the time a defendant is sentenced. 18 U.S.C.…