United States v. Albert Leon Lancaster

980 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Albert Leon LANCASTER, Defendant-Appellant. No. 92-50099. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1992. Decided Dec. 3, 1992. Before WALLACE, Chief Judge, and TROTT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Defendant Lancaster appeals his sentence because a codefendant received a lesser sentence from a different judge. Lancaster pled guilty to misprison of a felony in violation of 18 U.S.C. § 4 (1988). His codefendant also pled guilty to the same offense. The Guideline range for Lancaster's codefendant was 27 to 33 months. Judge Stephen V. Wilson departed downward, however, and sentenced the codefendant to a six month term of imprisonment and a year of supervised release. Judge William Matthew Byrne, Jr. sentenced the defendant to 24 months, the low end of the Guideline range, 24 to 30 months. Judge Byrne refused a…