United States v. Michael Anthony Barker

972 F.2d 1343 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Anthony BARKER, Defendant-Appellant. No. 91-30221. United States Court of Appeals, Ninth Circuit. Submitted May 7, 1992. * Memorandum filed May 12, 1992. Decided July 27, 1992. Memorandum withdrawn July 27, 1992. 1 Before WALLACE, Chief Judge, GOODWIN, Circuit Judge, and LEVI, District Judge. ** 2 MEMORANDUM *** 3 Appellant Michael Anthony Barker pleaded guilty to one count of bank robbery under 18 U.S.C. § 2113 (a). Although § 2113(a) provides a maximum penalty of 20 years in prison, Barker asserts that the maximum sentence he could receive for this offense is 12 years under 18 U.S.C. § 3581 (b). He appeals from the district court's sentence of 189 months. We have jurisdiction over this timely appeal under 28 U.S.C. § 1291 . We affirm. 4 The issue presented is a legal question subject to de novo review. United States v. Keene, 933 F.2d…