United States v. Ceferino Garcia, AKA Perry Garcia

990 F.2d 1262 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ceferino GARCIA, aka Perry Garcia, Defendant-Appellant. No. 92-50430. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 18, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Ceferino Garcia appeals from his sentence, imposed following his conviction by guilty plea, for conspiracy to make a false claim to a government agency in violation of 18 U.S.C. § 286 . Garcia contends that the district court erred by (1) increasing his offense level under the United States Sentencing Guidelines for more than minimal planning, and (2) ordering him to pay restitution in the amount of $38,151. We have jurisdiction under 28 U.S.C. § 1291 and affirm. A. More Than Minimal Planning 3 We review for clear error the district court's finding that a defendant's conduct involved more than minimal…