United States v. Blaine Yoakam

967 F.2d 596 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Blaine YOAKAM, Defendant-Appellant. No. 91-50651. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Decided June 3, 1992. Before FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Blaine Yoakam appeals the district court's upward departure from the prescribed sentencing range under the Sentencing Guidelines, imposing a 57-month sentence for unarmed bank robbery. This court vacated Yoakam's first sentence and remanded for resentencing on the ground that in departing upward based on the inadequacy of his criminal history category, the district court failed to consider whether Yoakam's prior convictions were similar to the bank robbery. See United States v. Yoakam, No. 90-50202, unpublished memorandum disposition (9th Cir. Feb. 7, 1991). In this second appeal, Yoakam contends that in resentencing him, the district court…