United States v. Franklin L. Antone

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Franklin L. ANTONE, Defendant-Appellant. No. 91-10417. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Decided June 3, 1992. Before FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Franklin Antone appeals from his sentence, imposed following a guilty plea, for abusive sexual conduct in violation of 18 U.S.C. §§ 1153 and 2244(a)(1). Antone was resentenced following remand from this court, and he contends that the district court erred by not imposing a lesser sentence at resentencing due to his exemplary behavior in prison. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 Antone was charged in a nine-count indictment with sexual offenses involving four victims under the age of 12. Pursuant to a plea agreement, he entered a guilty plea to Count I of the indictment and admitted the conduct…