United States v. Jeronimo Meliton Madrigal-Maceda

26 F.3d 134 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jeronimo Meliton MADRIGAL-MACEDA, Defendant-Appellant. No. 93-50802. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 14, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jeronimo Meliton Madrigal-Maceda appeals his 136-month sentence imposed after a jury found him guilty of kidnapping in violation of 18 U.S.C. Sec. 1201 (a)(1). Madrigal-Maceda contends the district court erred by increasing his offense level by six levels pursuant to U.S.S.G. Sec. 2A4.1(b)(1) for making a ransom demand because the ransom was not his motive for the kidnapping. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 First, we address the government's contention that Madrigal-Maceda failed to preserve his claim for appeal because he did not present this argument to the district court. The record does not…