United States v. Arthur Scott Simpson

999 F.2d 546 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Arthur Scott SIMPSON, Defendant-Appellant. No. 91-30058. 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 Arthur Scott Simpson appeals from his 13-month sentence after a guilty plea to unlawful acquisition of a firearm while under indictment for a felony in violation of 18 U.S.C. § 922 (n). Simpson contends that the district court erred by: (1) failing to make findings pursuant to Fed.R.Crim.P. 32(c)(3)(D) regarding each controverted matter in the presentence report (PSR); (2) relying on materially false information in the PSR to determine the sentence in violation of his due process rights; (3) ordering mental health and substance abuse counseling as conditions of supervised release; and (4) refusing to depart downward from the…