United States v. David Warren Malley

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David Warren MALLEY, Defendant-Appellant. No. 92-50067. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1992. * Decided Nov. 12, 1992. Before GOODWIN, FARRIS and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 David Warren Malley pleaded guilty to eight counts of bank robbery and admitted committing fifteen other bank robberies for sentencing purposes in violation of 18 U.S.C. § 2113 (a). He appeals his sentence. We have jurisdiction to review the legality of Malley's sentence under 28 U.S.C. § 1291 . We affirm. BACKGROUND 3 On several occasions before sentencing, Malley moved for a continuance to allow him to obtain the results of an HIV test and to prepare for sentencing. The district court denied Malley's requests, but stated that if the results were not available in time, it would assume for the purpose of sentencing that Malley was HIV…