United States of America, Plaintiff-Appellant-Cross v. Barbara M. Pearson, Defendant-Appellee-Cross

37 F.3d 1507 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant-Cross Appellee, v. Barbara M. PEARSON, Defendant-Appellee-Cross Appellant. Nos. 93-30255, 93-30262. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1994. Decided Oct. 14, 1994. 1 Before: TANG and WIGGINS, Circuit Judges, and HENDERSON * , District Judge. 2 MEMORANDUM ** 3 The United States appeals a judgment of the district court sentencing defendant Barbara Pearson to 70 months imprisonment, contending that the district court failed to determine relevant conduct pursuant to U.S.S.G. Sec. 1B1.3(a)(1). Defendant Barbara Pearson appeals the district court's failure to depart downward despite evidence of post traumatic stress disorder and battered women's syndrome. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and 18 U.S.C. Sec. 3742 (3). We affirm in part and dismiss in part. FACTS AND PRIOR PROCEEDINGS 4 In September 1991 law…