Bigman

United States v. Bigman

Good Law
321 F. App'x 706
United States Court of Appeals for the Ninth CircuitApril 13, 2009Nos. 06-30087, 06-30088California415 words

Opinion

Lead Opinion

MEMORANDUM **

Daniel Bigman and Patrick Doyle appeal their sentences of life imprisonment. Big-man and Doyle pleaded guilty to kidnapping and sexually assaulting two women, in violation of 18 U.S.C. §§ 1153 , 1201, and 2241(a). Bigman also pleaded guilty to assault with a dangerous weapon, in violation of 18 U.S.C. § 113 (a)(3), for a stabbing a man in an event unrelated to the kidnapping and sexual assault charges. The district court consolidated Bigman’s sentencing for all his same crimes. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the facts, we recite them only as necessary.

Bigman was not entitled to a third point reduction in the combined offense level for early notification of a guilty plea pursuant to United States Sentencing Guidelines § 3El.l(b) because the requirements of § 3El.1(b) were not met as to all of the crimes making up the combined offense level. See U.S.S.G. § 3El.l(b); United States v. Ginn, 87 F.3d 367, 370 (9th Cir.1996). Although the district court erred by applying a third point reduction to the stabbing charge because, where distinct crimes are consolidated for sentencing, any applicable §…

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