United States v. William Allen Miller

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. William Allen MILLER, Defendant-Appellant. No. 92-50736. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 4, 1993. Decided Nov. 18, 1993. 1 Before: FLETCHER and D.W. NELSON, Circuit Judges, and WILL, * District Judge. 2 MEMORANDUM ** 3 William Allen Miller appeals his sentence. He appeals both the district court's application of career offender provisions of the Sentencing Guidelines on the grounds that his prior conviction was unconstitutional and the district court's decision not to depart from the Sentencing Guidelines based on youthful lack of guidance. We affirm. BACKGROUND 4 Following his plea of guilty to two counts of bank robbery on January 9, 1992, William Allen Miller was sentenced on November 30, 1992 to 180 months imprisonment. 5 In the Presentence Investigative Report ("PSR") appellant's base offense level was calculated at 20…