United States v. Juan Sendoya-Trujillo

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Juan SENDOYA-TRUJILLO, Defendant-Appellant. No. 92-50161. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 7, 1992. Decided Aug. 11, 1992. As Amended Oct. 30, 1992. Before SNEED and D.W. NELSON, Circuit Judges, and WANGER * , District Judge MEMORANDUM ** Juan Sendoya-Trujillo appeals his sentence and the District Court's upward departure from the sentencing guidelines, based on §§ 3C1.2, reckless endangerment during flight; 5K2.14, public welfare; and 5K2.6, weapons and dangerous instrumentalities, following his guilty plea to transportation of persons illegally in the United States in violation of 8 U.S.C. § 1324 (a)(1)(B). In his sentencing memorandum defendant interposed seven specific objections to facts in the presentence report. The District Court failed to rule on any of those objections or to make findings of fact or…