United States v. Michael Griffin

61 F.3d 913 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael GRIFFIN, Defendant-Appellant. No. 94-10215. United States Court of Appeals, Ninth Circuit. Submitted July 17, 1995. * Decided July 20, 1995. Before: FLETCHER, KOZINSKI, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Michael Griffin appeals his 36-month sentence following a bench trial conviction for multiple counts of mail fraud ( 18 U.S.C. Sec. 1341 ), false claims ( 18 U.S.C. Sec. 287 ), witness tampering ( 18 U.S.C. Sec. 1512 (b)(3)), and false statements ( 18 U.S.C. Sec. 1001 ). Griffins contends that the district court erred, first by departing upward two levels for egregious obstruction of justice, and second, by refusing to depart downward for reduced mental capacity under U.S.S.G. Sec. 5K2.13. We affirm. 3 Griffin contends that the district court erred by departing upward without finding that the grounds for departure were not adequately considered…