United States v. Theodore Peter Weidanz

996 F.2d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Theodore Peter WEIDANZ, Defendant-Appellant. No. 92-50338. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 4, 1993. Decided July 2, 1993. 1 Before: BROWNING, HUG, and KOZINSKI, Circuit Judges 2 MEMORANDUM * 3 The parties are familiar with the facts and issues presented and we will not restate them here. I. 4 Weidanz waived his claim that he was entitled to a departure on the basis of his "youthful lack of guidance" by failing to raise it in the district court. United States v. Quesada, 972 F.2d 281, 283-83 (9th Cir.1992). Weidanz's contention that the district court should depart based upon his low likelihood of recidivism was properly rejected since his low likelihood of recidivism was already taken into account by application of Criminal History Category I. United States v. Berlier, 948 F.2d 1093, 1095 (9th Cir.1991). II. 5 Two of…