Como
United States v. Como
Opinion
Opinion
868 F.2d 1273 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth D. COMO, Defendant-Appellant. No. 87-5364. United States Court of Appeals, Ninth Circuit. Submitted * Dec. 27, 1988. Decided Feb. 1, 1989. Before BRUNETTI, KOZINSKI and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth Como appeals, for the second time, the district court's sentencing order. Como pled guilty to two counts of armed bank robbery. 18 U.S.C. Sec. 2113 (a), (d) (1982 & Supp. IV 1986). At sentencing, Como challenged his Probation Report, claiming that it inaccurately described his actions in a 1971 conviction as having been committed "with great bodily injury." Appellee's Excerpt of Record (AER) at 13. The district court imposed sentence without making any findings as to this allegation, and without stating that it would not consider the controverted matter in sentencing. Id. The court sentenced Como to 30…