United States v. Gerald Michael Haggard

967 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gerald Michael HAGGARD, Defendant-Appellant. No. 91-50497. United States Court of Appeals, Ninth Circuit. Submitted June 5, 1992. * Decided June 11, 1992. 1 Before D.W. NELSON and DAVID R. THOMPSON, Circuit Judges, and PRO, District Judge. ** 2 MEMORANDUM *** 3 Appellant Gerald Michael Haggard pled guilty to a single count of unarmed bank robbery in violation of 18 U.S.C. § 2113 (a). He was sentenced to sixty-three months in prison, plus three years of supervised release. Haggard appeals his sentence, arguing that the district court erred in refusing to depart downward from the applicable Federal Sentencing Guideline range. We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 and affirm. DISCUSSION 4 Haggard initially contends the district court erred in refusing to depart downward from the applicable guideline range because: (1) his…