United States v. Robert A. Clapp

34 F.3d 1074 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert A. CLAPP, Defendant-Appellant. No. 93-10624. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 11, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Robert A. Clapp appeals his 27-month sentence imposed following entry of a guilty plea to conspiracy to smuggle steroids into the United States, in violation of 18 U.S.C. Secs. 371 , 545, and fraud and false statements made under the penalties of perjury, in violation of 26 U.S.C. Sec. 7206 (1). Clapp contends the district court erroneously believed it did not have discretion to depart downward from the applicable United States Sentencing Guidelines sentencing range based upon his extraordinarily good character. He also argues the district court erred by applying the wrong section of the Guidelines when calculating his offense level. We have…