United States v. Terrance Kinard

29 F.3d 636 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Terrance KINARD, Defendant-Appellant. No. 93-30373. United States Court of Appeals, Ninth Circuit. Submitted July 18, 1994. * Decided July 25, 1994. Before: FARRIS, KOZINSKI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Terrance Kinard pled guilty to conspiracy to possess with intent to distribute crack cocaine, in violation of 18 U.S.C. Sec. 371 . On appeal, Kinard argues that the district court erred in sentencing him to 33 months in prison. We have jurisdiction under 18 U.S.C. Sec. 3742 (a). We affirm. 3 * Kinard first contends that the district court erred in departing upward from the prescribed Sentencing Guidelines range. We review de novo whether the court properly identified an aggravating circumstance not accounted for by the Sentencing Commission; we review for clear error the factual findings supporting the existence of the aggravating circumstance.…