United States v. William Richard Kording

81 F.3d 171 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. William Richard KORDING, Defendant-Appellant. No. 95-50090. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1996. Decided March 29, 1996. Before: BROWNING, WALLACE, and FARRIS, Circuit Judges. 1 MEMORANDUM * I. 2 The district court did not clearly err by imposing a two-level enhancement for "more than minimal planning." Four months before committing the offenses at issue, Kording wrote a letter threatening to vandalize FBI vehicles unless his retirement benefits were paid on time. The letter, which set out the course of action Kording eventually took, indicates he engaged in "more planning than is typical for commission of the offense in a simple form." U.S.S.G. § 1B1.1, cmt. 1(f). II. 3 The upward departure based on Kording's use of a gun meets two prongs of the test established in United States v. Lira-Barraza, 941 F.2d 745,…