United States v. Timothy Herbert Frazier

967 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Timothy Herbert FRAZIER, Defendant-Appellant. 91-50310. United States Court of Appeals, Ninth Circuit. Submitted April 6, 1992. * Decided June 22, 1992. As Corrected July 1, 1992. Before BOOCHEVER, WILLIAM A. NORRIS and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Timothy Herbert Frazier appeals his conviction and sentence for being an inmate of a federal prison in possession of a knife in violation of 18 U.S.C. § 1791 (a)(2). We affirm his conviction but vacate his sentence and remand for resentencing. FACTS 3 On June 20, 1988, Timothy Herbert Frazier was a prisoner at the United States Penitentiary at Lompoc, serving a 20 year sentence for armed bank robbery. At 2:50 p.m. that afternoon, Frazier walked from his prison job to the prison hospital for one of his regular medical appointments. Along the way, Frazier was required to undergo a search by prison…