United States v. Steven Scott Fernandes

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Steven Scott FERNANDES, Defendant-Appellant. No. 91-50678. United States Court of Appeals, Ninth Circuit. Submitted Aug. 24, 1992. * Decided Aug. 27, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Steven Scott Fernandes appeals his sentence imposed under the Sentencing Guidelines following his guilty plea to conspiracy to manufacture methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. He contends that the district court erred by finding that he was a career offender based on a prior conviction under the Youth Corrections Act, 18 U.S.C. §§ 5005-26 (repealed), and a prior state conviction for cultivation of marijuana. He also contends that the district court erred by refusing to depart downward on the basis that criminal history category VI overrepresented the seriousness of his criminal history. We…