United States v. David D. Sterns

32 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David D. STERNS, Defendant-Appellant. No. 92-50208. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1994. Decided Aug. 3, 1994. 1 Before: REINHARDT and NOONAN, Circuit Judges; TANNER, * District Judge. 2 MEMORANDUM ** I. INTRODUCTION 3 David Sterns challenges the 57-month sentence imposed on him after his plea of guilty to a three-count Information arising from his involvement in a multi-level marketing scheme to produce and distribute Le Patch, a diet aid. 1 Sterns argues that an upward departure imposed pursuant to Sentencing Guidelines Sec. 4A1.3 was improper because the district court failed to adequately state its reasons for departure on the record. Sterns further contends that the departure based on prior SEC violations was improper because the Securities and Exchange Commission (SEC) cases and investigations were part of the same…