United States v. Charles F. Smith, United States of America v. Benjamin Charles Smith

947 F.2d 952 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Charles F. SMITH, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Charles SMITH, Defendant-Appellant. Nos. 90-35636, and 90-35659. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1991. * Decided Nov. 7, 1991. Before TANG, O'SCANNLAIN and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Charles F. Smith and Benjamin Charles Smith made motions pursuant to 28 U.S.C. § 2255 to have their sentences reduced. The Smiths contended that they were improperly sentenced under pre-Sentencing Guidelines law instead of under the Guidelines. The district court denied the motions and the Smiths now appeal. "The applicability of the Guidelines is a question of law which this court reviews independently, without deference to the district court's interpretation of the law." United States v. Gray, 876 F.2d 1411, 1418 (9th Cir.1989), cert.…