United States v. Michael Emery Williams

972 F.2d 1347 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Emery WILLIAMS, Defendant-Appellant. No. 91-30337. 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 Michael Emery Williams appeals his sentence under the United States Sentencing Guidelines ("Guidelines" or "U.S.S.G."), imposed following a guilty plea, for possession with intent to distribute more than five grams of cocaine base in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(B)(iii), and being an ex-felon in possession of a firearm in violation of 18 U.S.C. § 922 (g). Williams contends that the district court erred by (1) counting two prior convictions separately when calculating his criminal history score and (2) failing to rule on whether it had authority to depart below the applicable Guidelines range. We have…