United States v. Vincent M. Umtuch
Opinion
Opinion
5 F.3d 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Vincent M. UMTUCH, Defendant-Appellant. No. 92-30438. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 16, 1993. Decided Aug. 27, 1993. Appeal from the United States District Court for the Eastern District of Washington; No. CR-92-2041-01-AAM, Alan A. McDonald, District Judge, Presiding. E.D.Wash. AFFIRMED. Before CANBY, WIGGINS and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Defendant-appellant Vincent Umtuch challenges the district court's decision to assign him the base offense level applicable to reckless, rather than criminally negligent, involuntary manslaughter. Umtuch pleaded guilty to involuntary manslaughter, 18 U.S.C. Secs. 1153 and 1112. In his plea agreement, Umtuch admitted that his offense conduct had been criminally negligent and that he should be assigned a base offense level of 10 pursuant to United States Sentencing…