United States v. Merritt Irwin Anderson

29 F.3d 634 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Merritt Irwin ANDERSON, Defendant-Appellant. No. 94-30017. United States Court of Appeals, Ninth Circuit. Submitted July 18, 1994. * Decided July 20, 1994. Before: FARRIS, KOZINSKI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Merritt Irwin Anderson appeals his ten-month sentence imposed following his guilty plea for extortion, in violation of 18 U.S.C. Sec. 875 (d). Anderson contends that the district court violated U.S.S.G. Sec. 6A1.3 and his due process rights at sentencing by considering unreliable hearsay statements contained in the presentence report (PSR). We affirm. 3 The government contends that we lack jurisdiction over this appeal because the district court sentenced Anderson within the applicable Guideline range. Although we lack jurisdiction to review the district court's discretionary selection of a sentence within a correctly calculated Guideline…