United States v. James Green

988 F.2d 123 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James GREEN, Defendant-Appellant. No. 92-10428. United States Court of Appeals, Ninth Circuit. Submitted Feb. 11, 1993. * Decided Feb. 23, 1993. Appeal from the United States District Court for the District of Hawaii, No. CR-91-01752-01-DA; David A. Ezra, District Judge, Presiding. D.Hawaii AFFIRMED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. MEMORANDUM ** James Green appeals from his 87-month sentence, imposed following a guilty plea, for voluntary manslaughter in violation of 18 U.S.C. § 1112 . Green contends that the district court erred by adjusting his offense level under the United States Sentencing Guidelines for committing an abuse of trust in the homicide of his five-month-old daughter. He argues that family relationships are not positions of trust under the Guidelines, and that the adjustment "double counted" his conduct because he also…