United States v. Frankie Lynn Cage

983 F.2d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frankie Lynn CAGE, Defendant-Appellant. No. 92-10148. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 17, 1992. * Decided Jan. 5, 1993. Before NORRIS, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 In the midst of an altercation, defendant Frankie Lynn Cage shot a man with an unlicensed firearm. Cage was indicted on three counts. He was acquitted on one charge of assault with a dangerous weapon, and the jury was hung on a charge of assault resulting in serious bodily injury. He pleaded guilty to carrying and possessing a firearm without a license. The crime is defined at Haw.Rev.Stat. § 134-6(d) (1992) and incorporated as a federal crime by 18 U.S.C. § 13 (a) (1992). 3 The district court determined the applicable guideline range for the offense to be 46-57 months. He then departed downward by four levels based on the…