United States v. Barry Patrick Brown

943 F.2d 55 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Barry Patrick BROWN, Defendant-Appellant. No. 90-10540. United States Court of Appeals, Ninth Circuit. Submitted Sept. 5, 1991. * Decided Sept. 10, 1991. Before CANBY, DAVID R. THOMPSON and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Barry Patrick Brown appeals his sentence, imposed following a guilty plea, for possession and aiding and abetting possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . 1 He contends that the district court erred by failing to state its reasons for imposing a sentence in the middle of the applicable United States Sentencing Guidelines range. We have jurisdiction under 28 U.S.C. § 1291 and we vacate the sentence and remand for resentencing. 3 " 18 U.S.C. § 3553 (c) requires a statement in open court of the reasons for choosing a sentence within the sentencing…