United States v. Robert Lee Wyatt

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Lee WYATT, Defendant-Appellant. No. 90-10554. United States Court of Appeals, Ninth Circuit. Submitted April 17, 1992. * Decided June 22, 1992. Before FLETCHER, POOLE and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Robert Lee Wyatt appeals the sentence imposed by the district court after he pleaded guilty to two counts of possession of stolen mail. He argues that the district court erred in its increase of the offense level for "more than minimal planning" and loss exceeding $20,000. He also contends that the district court erred in departing upward from the sentence Wyatt would otherwise have received under the Sentencing Guidelines. 3 We vacate and remand for resentencing. FACTS 4 On November 8, 1988, the Millbrae, California police arrested a woman named Mary Martinez who was attempting to cash a check by impersonating a bank customer. Martinez told…