United States v. Frederick Garcia-Cruz

52 F.3d 335 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frederick GARCIA-CRUZ, Defendant-Appellant. No. 94-50432. United States Court of Appeals, Ninth Circuit. Submitted April 4, 1995. * Decided April 10, 1995. Appeal from the United States District Court, for the Southern District of California, D.C. No. CR-93-01104-MLH; Marilyn L. Huff, District Judge, Presiding. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Frederick Garcia-Cruz appeals the sentence of 60 months imposed following his plea of guilty to assault with a deadly weapon. Garcia-Cruz claims, alternatively, that the district court's refusal to consider imposing a sentence concurrent to the one he was serving, or the government's unexpectedly seeking an adjustment for his restraint of a victim pursuant to U.S.S.G. Sec. 2B3.1(b)(4)(B), rendered void his waiver of the right to appeal his sentence. We have jurisdiction under 28…