United States v. Samuel William Donaghe

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Samuel William DONAGHE, Defendant-Appellant. No. 92-30183. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 15, 1992. Decided Nov. 3, 1992. Before EUGENE A. WRIGHT, FLETCHER and CANBY, Circuit Judges. 1 MEMORANDUM * 2 Samuel William Donaghe pled guilty to one count of making false statements on a passport application in violation of 18 U.S.C. § 1542 . His sentence was suspended, and he was placed on three years' probation. Donaghe then violated the terms of his probation by, among other things, being convicted of two counts of rape in Thurston County, Washington. The district court revoked probation and sentenced him pursuant to 18 U.S.C. § 3552 (b) to a provisional sentence, pending a psychological study, of five years in prison (the statutory maximum), three years of supervised release, and a $2,000 fine. This court affirmed the…