United States v. German Moreno

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. German MORENO, Defendant-Appellant. No. 92-50074. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 19, 1992. Before D.W. NELSON, CYNTHIA HOLCOMB HALL and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 German Moreno pled guilty to one count of conspiracy to transport illegal aliens, in violation of 18 U.S.C. § 371 and 18 U.S.C. § 1324 (a)(1)(B). Moreno argues on appeal that the district court erred by failing to hold a sentencing hearing pursuant to Fed.R.Crim.P. 32(c)(3)(D), and as a result, improperly found that defendant had not accepted responsibility, that defendant was a leader or organizer of the conspiracy, and that an upward departure was warranted due to the large number of aliens involved and the cruel and inhumane treatment of the aliens. This court has jurisdiction pursuant to 28 U.S.C. § 1291 , and we…