United States v. Quincy Early

29 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Quincy EARLY, Defendant-Appellant. No. 93-10442. United States Court of Appeals, Ninth Circuit. Submitted July 12, 1994. * Decided July 18, 1994. Before: FERNANDEZ, RYMER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Quincy Early appeals his jury conviction and sentence for aggravated sexual abuse in violation of 18 U.S.C. Sec. 2241 (a). He argues that the district court erred in admitting evidence of three prior bad acts. He also challenges the court's upward departure from the applicable range under the Sentencing Guidelines. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm Early's conviction, but vacate his sentence and remand for resentencing. 3 * Early challenges the admission of evidence concerning three prior bad acts: (1) his 1981 killing of Alonso Kenton; (2) his sexual assault of his cousin Thomas Dudley in 1990; and (3) his use of force…