United States v. John Edwin Branham

967 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John Edwin BRANHAM, Defendant-Appellant. No. 91-30262. United States Court of Appeals, Ninth Circuit. Submitted June 3, 1992. * Decided June 11, 1992. Before EUGENE A. WRIGHT, CANBY and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Defendant-Appellant John Branham, appeals the sentence he received under the United States Sentencing Guidelines for bank robbery. 18 U.S.C. § 2113 (a) (1988); U.S.S.G. § 2B3.1. Branham argues that the district court erred in sentencing him to 168 months in violation of 18 U.S.C. § 3581 . We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 . We affirm the district court's decision. DISCUSSION 3 I. SECTION 3581(b)(3) DID NOT CHANGE MAXIMUM PENALTY 4 Branham claims that 18 U.S.C. § 3581 (b)(3) changed the statutory maximum penalty for unarmed bank robbery from twenty years, as set out in the provision…