United States v. James Nassar

979 F.2d 856 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James NASSAR, Defendant-Appellant No. 92-50174. United States Court of Appeals, Ninth Circuit. Submitted Nov. 3, 1992. * Decided Nov. 18, 1992. Before D.W. NELSON, CYNTHIA HOLCOMB HALL and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 James Nassar appeals his sentence of 21 months imprisonment. Nassar pled guilty to conspiracy to possess with intent to distribute cocaine, 21 U.S.C. § 841 (a)(1) and § 846. Appellant is a 54-year-old first time offender who was arrested after mailing five ounces of cocaine to his former son-in-law. We affirm the court below. 3 Nassar's claim is essentially that the district court erroneously believed it could not depart downward from the sentencing guideline range on the basis of aberrant behavior. Appellant argues that the aberrant behavior departure is warranted because his involvement with crime was limited to this incident…