United States v. Vance Lockwood

978 F.2d 716 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Vance LOCKWOOD, Defendant-Appellant. No. 92-10237. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 6, 1992. Before CHOY, NOONAN and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Vance Lockwood appeals from his sentence under the Sentencing Guidelines following his guilty plea to a violation of 21 U.S.C. § 843 (b) (unlawful use of a telephone to facilitate an attempt to possess cocaine). The District Court made an upward departure from the applicable sentencing guideline range because of the large amount of cocaine involved. Lockwood argues that this was an impermissible basis for an upward departure. He also contends that the departure was improper because the District Court erroneously considered the sentences received by his co-defendants, and because Lockwood's role in the drug transaction was "minimal." We find these…