United States v. Lance Leonard Nevell

974 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lance Leonard NEVELL, Defendant-Appellant. No. 91-10594. United States Court of Appeals, Ninth Circuit. Submitted Aug. 17, 1992. * Decided Sept. 2, 1992. Appeal from the United States District Court for the District of Arizona, No. CR-90-00275-RMB; Richard M. Bilby, Chief District Judge, Presiding. D.Ariz. REMANDED. Before WIGGINS, O'SCANNLAIN and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** BACKGROUND 2 Lance Leonard Nevell entered a plea agreement with the government that limited his sentence to a maximum of 18 months and pled guilty to the offense of making a false statement in the acquisition of a firearm, in violation of 18 U.S.C. §§ 922 (a)(6), 924(a)(1)(B). Although the Sentencing Guidelines provided for a sentence of 4-10 months, the district court departed upward and sentenced Nevell to 18 months. The district court stated that the departure was…