United States v. Charles Panarella

47 F.3d 1177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Charles PANARELLA, Defendant-Appellant. No. 94-10396. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 24, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Charles Panarella appeals his eighteen-month sentence imposed following his guilty plea to conspiring to evade currency reporting requirements, in violation of 31 U.S.C. Secs. 5324 , 5322. Panarella contends that the district court erred by refusing to credit toward his sentence his time spent under pretrial home detention subject to electronic monitoring, and by denying him a downward departure from the applicable Sentencing Guidelines range, pursuant to U.S.S.G. Sec. 5K2.0. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 * Authority to Grant Prison Credits for Time Served 4 We review a district court's legal authority to grant…