United States v. Greg Scott Nelson

87 F.3d 1324 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Greg Scott NELSON, Defendant-Appellant. No. 95-10305. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 19, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Greg Scott Nelson appeals his 33-month sentence following guilty pleas to wire fraud, under 18 U.S.C. § 1343 , and forgery, under 18 U.S.C. § 510 (a)(2). Nelson contends that the district court erred by departing upward from a criminal history category of VI pursuant to U.S.S.G. § 4A1.3. We have jurisdiction under 18 U.S.C. § 3742 (a), 28 U.S.C. § 1291 , and we vacate and remand. 3 We review de novo whether the district court has the authority to depart, and for clear error the district court's findings of facts supporting the departure. United States v. George, 56 F.3d 1078, 1084 (9th Cir.), cert. denied, 116 S.Ct. 351…