United States v. Mark Steven Verdugo

66 F.3d 337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mark Steven VERDUGO, Defendant-Appellant. No. 94-50140. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 8, 1995. Decided Sept. 1, 1995. MEMORANDUM * Before: BROWNING, D.W. NELSON, and HAWKINS, Circuit Judges. 1 Appellant Mark Steven Verdugo ("Verdugo") appeals his sentence for conspiracy to evade payment of customs duties in violation of 18 U.S.C. Secs. 351 and 1001. Specifically, he argues that the district court committed the following errors in sentencing him: (1) it concluded that it could not grant a downward departure for his rehabilitation from alcoholism; (2) it applied the 1992 version of the Sentencing Guidelines rather than the 1987 version; (3) it miscalculated the amount of loss caused by the conspiracy; (4) it held him responsible for the entire amount of that loss; and (5) it refused to grant him a downward adjustment based on…