United States v. Eugene Dallas

972 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eugene DALLAS, Defendant-Appellant. No. 91-10539. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1992. * Decided Aug. 5, 1992. Before TANG, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Eugene Dallas appeals from his sentence, imposed following his conviction by guilty plea of abusive sexual contact in violation of 18 U.S.C. § 2244 (a)1. Dallas claims the district court breached his plea agreement by departing upward four levels from the range applicable under the United States Sentencing Guidelines (Guidelines) to reflect the "real offense" he committed. Because Dallas failed to raise this claim in the district court, we decline to review it and we affirm the district court's judgment. 3 In March 1991, a federal grand jury indicted Dallas in two counts with aggravated sexual assault and kidnapping. On July 22, 1991, Dallas pleaded…