United States v. Ralph Godina

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ralph GODINA, Defendant-Appellant. No. 92-10586. United States Court of Appeals, Ninth Circuit. Submitted Sept. 3, 1993. * Decided Sept. 16, 1993. Appeal from the United States District Court, for the Eastern District of California, D.C. No. CR S-88-318-EJG; Edward J. Garcia, District Judge, Presiding. E.D.Cal. AFFIRMED. Before: BROWNING, SCHROEDER, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Ralph Godina appeals the district court's July 27, 1992 order that imposed a sentence of 78 months for assault on a federal officer, to run consecutively from an earlier undischarged term of ten years for possession of a controlled substance. The earlier undischarged term was imposed pursuant to the Federal Youth Corrections Act (the Youth Act), 18 U.S.C. Sec. 5010 (repealed 1984). 3 In 1989, the district court first sentenced Godina to the 78-month term. However, the 1989…