United States v. Kenneth Dewayne Davis

961 F.2d 217 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Dewayne DAVIS, Defendant-Appellant. No. 91-10371. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1992. * Decided April 22, 1992. Before FARRIS, O'SCANNLAIN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth Dewayne Davis appeals his sentence imposed under the Sentencing Guidelines ("U.S.S.G.") following his guilty plea to interstate transportation of a motor vehicle in violation of 18 U.S.C. § 2312 . Davis contends that the district court erred by adjusting upward his offense level two levels pursuant to U.S.S.G. § 4B1.3 for engaging in a "criminal livelihood." We have jurisdiction under 28 U.S.C. § 1291 , and we vacate Davis' sentence and remand for resentencing. 3 We review for clear error the district court's determination of criminal livelihood. United States v. Munster-Ramirez, 888 F.2d 1267, 1269 (9th Cir.1989),…