UNITED STATES of America, Plaintiff-Appellee, v. Richard Eugene GOSHEA, Jr., Defendant-Appellant

Good Law
94 F.3d 1361·96 Daily Journal DAR 10975·1996 WL 506911·1996 U.S. App. LEXIS 23436·96 Cal. Daily Op. Serv. 6724
United States Court of Appeals for the Ninth CircuitSeptember 9, 199695-50505California1,861 words

Opinion

Opinion

Thomas, J.

Appellant Richard Eugene Goshea, Jr. (“Goshea”) appeals his sentence, arguing that the district court improperly departed upward from the Sentencing Guidelines for un-derrepresentation of criminal history. We affirm.

FACTS

In December of 1994, Goshea pled guilty to one count of impersonating a United States Air Force (“USAF”) officer to obtain money, in violation of 18 U.S.C. § 912 , and one count of mail fraud, in violation of 18 U.S.C. § 1341 . The charges stemmed from Gosh-ea’s conduct from 1991 to 1994 during which he falsely pretended to be a USAF officer to obtain over $100,000.

This was not an isolated incident for Gosh-ea. He was convicted for impersonating a military officer from 1982 to 1983. Declining to “straighten up and fly right,” he masqueraded as a USAF officer from 1987 to 1990.

During the latter period, Goshea was engaged in a systematic pattern of deception. He misled a woman he was dating to believe he was in the Air Force and stationed at March Air Force Base. He often escorted her to the El Toro Officer’s Club, frequently disguised in a flight suit. Goshea also misrepresented himself as a military officer during a job interview and habitually wore a USAF…

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