United States v. Anthony Brian Spencer

46 F.3d 1148 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony Brian SPENCER, Defendant-Appellant No. 94-10266. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 13, 1995. * Decided: Feb. 1, 1995. Before: ALDISERT ** , CHOY and SCHROEDER, Circuit Judges. 1 MEMORANDUM *** 2 Anthony Brian Spencer appeals his sentence on the ground that the district court improperly departed upward under Section 4A1.3 of the Sentencing Guidelines. That section permits a departure if the defendant's criminal history category under the Guidelines inaccurately reflects his prior criminal conduct. We affirm. I. 3 Spencer pleaded guilty to the charge of interstate transportation of stolen goods. 18 U.S.C. Sec. 2314 . 4 Under the Sentencing Reform Act, 18 U.S.C. Secs. 3551-3586 , the district court must consider at sentencing both the nature of the defendant's offense and his overall criminal history. Spencer's offense level of nine…