United States v. Marcelino Aguirre-Pena

999 F.2d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Marcelino AGUIRRE-PENA, Defendant-Appellant. No. 92-50756. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided July 6, 1993. Before: CANBY, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Marcelino Aguierre-Pena appeals his 6-month sentence imposed after guilty pleas to transferring false identification documents, possessing with intent to unlawfully transfer false identification documents, and possessing document-making implements, in violation of 18 U.S.C. § 1028 (a)(2), (3), (5). Aguierre-Pena contends that the district court erred by, first, refusing to group the three counts under U.S.S.G. § 3D1.2, second, refusing to depart downward from the applicable Guidelines range, and third, ordering him to serve one-half of his sentence in a community correction center, rather than home detention, because he is…