United States v. William E. Dungan

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. William E. DUNGAN, Defendant-Appellant. No. 91-10228. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1992. Decided March 22, 1993. Before BOOCHEVER, NOONAN and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 In January 1990, a two-count federal indictment was handed down charging William Earl Dungan ("Dungan") with possession of a firearm by a convicted felon, 18 U.S.C. § 922 (g)(1), and possession of a firearm by a dangerous felon, 18 U.S.C. § 924 (e)(1). In exchange for dismissal of the latter charge, which carries a mandatory minimum penalty of fifteen years imprisonment, Dungan pled guilty to the former. In his plea agreement, Dungan expressly waived his right to appeal his sentence, although he "retain[ed] the right to appeal from any departure from the sentencing guidelines." The court calculated Dungan's adjusted offense…