U.S. v. ROSTON

No. 97-50435.

168 F.3d 377 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Scott Robin ROSTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 16, 1999.


Attorney(s) appearing for the Case

Diane E. Berley, Berley & DeVito, Woodland Hills, California, for the defendant-appellant.

Kendra S. McNally, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Before: LAY, GOODWIN, and SCHROEDER, Circuit Judges.


GOODWIN, Circuit Judge:

Scott Robin Roston was convicted of second-degree murder in 1989. In his third appeal before this court, Roston argues that the 405-month sentence imposed by the district court, based on a seven-level upward departure from the Sentencing Guidelines, is unwarranted. We have jurisdiction under 28 U.S.C. § 1291, and affirm the sentence of the district court.

FACTS

Roston's history before this court includes two prior appeals...

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