United States v. Miguel Angel Martinez-Garcia

15 F.3d 1093 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Miguel Angel MARTINEZ-GARCIA, Defendant-Appellant. No. 92-50072. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1993. Decided Dec. 7, 1993. Before: BROWNING, BEEZER, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Miguel Angel Martinez-Garcia challenges the 36 month sentence imposed on him for illegally transporting undocumented aliens. He claims the district court erred in departing upward from the guideline sentencing range and in refusing to grant a reduction for acceptance of responsibility. We affirm. 3 * Martinez-Garcia argues that he was denied due process because the district court failed to state the reasons for its upward departure from the guidelines. Because this issue was not raised in the district court, we review for plain error. United States v. Olano, 113 S.Ct. 1770, 1776 (1993). 4 18 U.S.C. Sec. 3553 (c) requires the court…