United States v. Quincy Early

87 F.3d 1323 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Quincy EARLY, Defendant-Appellant. No. 94-10543. United States Court of Appeals, Ninth Circuit. Submitted March 11, 1996. * Decided June 18, 1996. 1 Before: HALL, BRUNETTI, Circuit Judges, and WEINER, District Judge. ** 2 MEMORANDUM *** 3 Quincy Early was convicted of aggravated sexual assault, 18 U.S.C. § 2241 (a)(1), and subsequently pled guilty to assault resulting in bodily injury, 18 U.S.C. § 113 (f); the convictions arose from a rape on the San Carlos Indian Reservation. Although Early's prior criminal history placed him in Criminal History Category II, the sentencing court followed the recommendation in the Presentence Report and departed upward on the ground that Category II did not adequately reflect Early's previous arrests and tribal convictions of assault. It ruled that Early's history of violent assaults warranted placing him in Category VI…