United States v. Richard P. Flores

996 F.2d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard P. FLORES, Defendant-Appellant. No. 92-30325. United States Court of Appeals, Ninth Circuit. Submitted June 15, 1993. * Decided July 2, 1993. 1 Before: WALLACE, Chief Judge, HUG, and RYMER, Circuit Judges 2 MEMORANDUM ** 3 Richard P. Flores appeals a sentence imposed after his conviction for assaulting his three-week-old daughter and causing her serious bodily injury, in violation of 18 U.S.C. §§ 113 (f), 1151, and 1153. Flores argues that the district court's application of a six-level upward departure in calculating his sentence was unauthorized, lacked a proper factual basis, and was unreasonable. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 4 * Pursuant to U.S.S.G. §§ 2A2.2(a) and 2A2.2(b)(3)(B), the district court set Flores's base offense level at 19 with a criminal history category of I. The court added a…