United States v. Jerry Lynn Dry

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jerry Lynn DRY, Defendant/Appellant. No. 91-30134. United States Court of Appeals, Ninth Circuit. Submitted March 2, 1992. * Decided April 23, 1992. 1 Before EUGENE A. WRIGHT, ALARCON, Circuit Judges, and FONG, ** District Judge 2 MEMORANDUM *** BACKGROUND 3 I. FACTS. 4 The defendant/appellant, Jerry Lynn Dry, and the victim, Marcell Lynn Fisk, were neighbors. At approximately 5:00 p.m., on August 31, 1988, Dry went to Fisk's home, showed her a false arrest warrant and handcuffed her. Fisk resisted, and during the struggle, Dry told her that he would kill her 14 month old daughter if she didn't cooperate. Dry ultimately dragged Fisk across the yard and into his car. He then directed his wife to go into Fisk's house and get the baby. Mrs. Dry did so and the baby, along with a diaper bag were placed in the car. This struggle and abduction was witnessed by several…