United States v. Thomas Merino, United States of America v. William Merino

Thomas and William Merino pled guilty to Unauthorized Flight to Avoid Prosecution (“UFAP”), in violation of 18 U.S.C. § 1073 . They both challenge their sentences. We have jurisdiction over these timely appeals pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We hold that the Sentencing Guidelines apply to the Merinos’ crimes, and that the district court properly applied the Sentencing Guidelines. We also hold that the upward departure to William Merino’s sentence satisfied United States v. Lira-Barraza, 941 F.2d 745 (9th Cir.1991) (en banc). Finally, we hold that the sentences are not plainly unreasonable. Accordingly, we affirm both sentences.

I

The facts are undisputed.

On August 27, 1986, a Hawaii grand jury indicted Thomas Merino (“Thomas”) for attempted extortion and forgery and his father William Merino (‘William”) for attempted extortion and false reporting to law enforcement.

A

Thomas was advised by a Hawaii judge on February 2,1987, that trial would begin soon. He failed to appear for trial on February 9, 1987. Two bench warrants were issued for his arrest. Because Thomas could not be located in Hawaii, the FBI filed a federal UFAP complaint on March 16,…