United States v. Peggy Gustafson Barnett

26 F.3d 133 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Peggy Gustafson BARNETT, Defendant-Appellant. No. 93-50580. United States Court of Appeals, Ninth Circuit. Submitted June 8, 1994. Decided June 14, 1994. As Amended July 8, 1994. Before: D.W. NELSON, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Barnett appeals her sentence of 292 months imprisonment and three years of supervised release, entered pursuant to a guilty plea to one count of conspiracy, in violation of 18 U.S.C. Sec. 371 , and to one count of transporting an explosive with the intent to kill, injure and intimidate, resulting in injury, in violation of 18 U.S.C. Sec. 844 (d). She challenges the district court's failure to make findings and its entry of erroneous findings in support of its refusal to depart downward from the Sentencing Guidelines. Barnett also contends that the court set an improper offense level based on the erroneous finding…