United States v. Randall Paul Evans

962 F.2d 15 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Randall Paul EVANS, Defendant-Appellant. No. 91-35519. United States Court of Appeals, Ninth Circuit. Submitted March 6, 1992. * Decided April 23, 1992. 1 Before EUGENE A. WRIGHT and ALARCON, Circuit Judges, and DAVIES, ** District Judge. 2 MEMORANDUM *** PROCEDURAL BACKGROUND 3 Randall Evans and 22 other individuals were indicted under a Superseding Indictment charging them with violating the federal racketeering laws ("RICO") and conspiracy to violate those laws. 18 U.S.C. §§ 1962 (c) & (d). 4 Twelve of the 23 defendants pleaded guilty before trial. The jury found defendant Evans guilty, and he was sentenced to 20 years incarceration as to each of the two counts, to run consecutively. This court affirmed his conviction in United States v. Yarbrough, 852 F.2d 1522 (9th Cir.), cert. denied, 488 U.S. 866 (1988). 5 Evans filed a motion pursuant to 28…