United States v. Donald Vaile

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donald VAILE, Defendant-Appellant. No. 92-30069. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1993. * Decided Aug. 31, 1993. 1 Appeal from the United States District Court for the District of Idaho; No. CR91-0521 JMR, Harold L. Ryan, District Judge, Presiding. D.Idaho 2 AFFIRMED. 3 Before BEEZER and HALL, Circuit Judges, and ARMSTRONG, ** District Judge. 4 MEMORANDUM *** 5 The defendant, Donald Vaile, pled guilty to two counts of aggravated sexual abuse of a child, 18 U.S.C. Sec. 2241 (c). He appeals the sentence imposed based on alleged errors by the district court in (1) calculating the multiple count adjustment to the offense level; (2) including prior uncounseled misdemeanor convictions in the criminal history computation; and (3) refusing to depart from the applicable guideline range. We have jurisdiction under 18 U.S.C. Sec. 3742 . We…