United States v. Deborah Smith

967 F.2d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Deborah SMITH, Defendant-Appellant. No. 91-10317. United States Court of Appeals, Ninth Circuit. Submitted May 8, 1992. * Decided June 15, 1992. Before CYNTHIA HOLCOMB HALL, BRUNETTI and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Deborah Ann Smith appeals her sentence for credit card fraud. She claims the district court used unreliable information in determining her criminal history, departed upward from the guidelines by an unreasonable amount, and erred by failing to state the reasons for the extent of the upward departure. We affirm. 3 * In 1990, Secret Service agents arrested a woman who identified herself as Deborah Ann Smith for attempting to obtain a cash advance with a stolen credit card. Smith eventually pleaded guilty to one count of credit card fraud under 18 U.S.C. § 1029 (a)(2). 4 A check of Smith's fingerprint's by the FBI showed that the woman…