United States v. Nelson Valencia-Toro

988 F.2d 126 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Nelson VALENCIA-TORO, Defendant-Appellant. No. 92-50301. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 5, 1993. Decided Feb. 23, 1993. Appeal from the United States District Court for the Central District of California, No. CR-91-0748-JMI-01; James M. Ideman, District Judge, Presiding. C.D.Cal. VACATED AND REMANDED. Before PREGERSON, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Nelson Valencia-Toro pled guilty to three counts of falsely stating he was not an illegal alien on a federal firearms acquisition form, in violation of 18 U.S.C. § 922 (a)(6). He also pled guilty to five counts of illegally possessing firearms as an illegal alien, in violation of 18 U.S.C. § 922 (g)(5). He appeals his 33-month sentence under the sentencing guidelines. He contends that the district court erred when it departed upward seven offense…