United States v. Eddie Howard Gaston, Jr.

12 F.3d 1109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eddie Howard GASTON, Jr., Defendant-Appellant. No. 93-10233. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Nov. 30, 1993. Before: SCHROEDER, D.W. NELSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Eddie Howard Gaston, Jr., appeals his thirty-month sentence imposed following entry of a guilty plea to three counts of theft of government property in violation of 18 U.S.C. Sec. 641 . Gaston contends that the district court clearly erred by making an upward adjustment in his offense level for (1) more than minimal planning and (2) value of loss. We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. 3 * More Than Minimal Planning 4 Gaston contends that the district court clearly erred by finding that the offenses involved more than minimal planning. This contention lacks merit. 5 We review for clear error the sentencing…