United States v. David Harold Stephens

12 F.3d 1110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David Harold STEPHENS, Defendant-Appellant. No. 93-30094. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1993. Decided Nov. 22, 1993. Before: REINHARDT, BRUNETTI, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 David Stephens appeals his sentence under the Sentencing Guidelines after his guilty plea conviction of conspiracy to defraud the U.S. Department of Agriculture (USDA) in violation of 18 U.S.C. Sec. 371 . Stephens argues that the district court erred by applying U.S.S.G. Sec. 2F1.1 (Fraud and Deceit) instead of U.S.S.G. Sec. 2C1.7 (Conspiracy to Defraud by Interference with Governmental Functions) to calculate his sentence. 1 We affirm. 3 Stephens prepared false USDA records for D & T Kennels, of which he was the manager. As manager of D & T Kennels, he also was responsible for contacting various research facilities,…