United States v. Jonathan Michael McGinley

62 F.3d 1426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jonathan Michael McGINLEY, Defendant-Appellant. No. 94-30307. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1995. Decided Aug. 8, 1995. 1 Before: GOODWIN and HUG, Circuit Judges, and SCHWARZER, * District Judge. 2 MEMORANDUM ** 3 Jonathan McGinley appeals the denial of his Motion to Dismiss the Indictment for an alleged violation of the Interstate Agreement on Detainers Act. He also challenges the district court's application of the Sentencing Guidelines and any departures made from the Guidelines. Finally, McGinley disputes the applicability of 18 U.S.C. Sec. 924 (e). 4 We review de novo a district court's denial of a defendant's motion to dismiss an indictment under the Interstate Agreement on Detainers Act ("IADA"). United States v. Hall, 974 F.2d 1201, 1204 (9th Cir. 1992). 5 The district court's denial of McGinley's motion is…