United States v. Merle David

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Merle DAVID, Defendant-Appellant. No. 91-10541. United States Court of Appeals, Ninth Circuit. Submitted July 8, 1992. * Decided July 10, 1992. Before POOLE, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Merle David appeals his sentence under the Sentencing Guidelines, following his plea of guilty, for one count of abusive sexual contact, in violation of 18 U.S.C. § 2244 (a)(2). David was sentenced to 21 months imprisonment and one year supervised release. David contends that the district court erred by including psychological harm to the victim in its basis for departing upward from his adjusted offense level and that the extent of upward departure is unreasonable. The government contends that David waived his right to appeal his sentence as part of his plea bargain agreement. We dismiss this appeal. 3 We review de novo whether the appellant waived…