United States v. Calvin W. Carden

5 F.3d 541 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Calvin W. CARDEN, Defendant-Appellant. No. 92-30439. United States Court of Appeals, Ninth Circuit. Submitted July 13, 1993. * Decided Aug. 24, 1993. Appeal from the United States District Court for the Eastern District of Washington; No. CR-92-138-01-WFN, Wm. Fremming Nielsen, District Judge, Presiding. E.D.Wash. AFFIRMED. Before CANBY, WIGGINS and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 In May of 1992, a grand jury indicted Calvin Carden for two counts of aggravated sexual abuse, two counts of abusive sexual contact, and one count of sexual abuse of a minor. He pleaded guilty to two counts of abusive sexual contact in violation of 18 U.S.C. Secs. 2244 (a)(1) & 2244(a)(3) and was sentenced to 24 months imprisonment. Carden appeals his sentence because he believes it represents an unwarranted upward departure from the Sentencing Guidelines. 1 We…