Eugene A. Altman v. United States

983 F.2d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eugene A. ALTMAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-15160. United States Court of Appeals, Ninth Circuit. Submitted Dec. 15, 1992. * Decided Jan. 15, 1993. Before GOODWIN, O'SCANNLAIN and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 While on vacation in Sequoia National Park, Altman drove his rented Cadillac across the center lane and struck another car. Four people were injured as a result of the collision: a passenger in Altman's car, two passengers in the other car, and Altman himself. 3 Following an indictment by a federal grand jury, Altman pleaded guilty to one count of causing bodily injury while driving a vehicle under the influence of alcohol in violation of Cal.Veh.Code § 23153(a) incorporated into federal law via the Assimilative Crimes Act, 18 U.S.C. § 13 (a). Subsequently, the district court denied his "motion to restrict classification of offense…