United States v. Berry Chatman Dunham

972 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Berry Chatman DUNHAM, Defendant-Appellant. No. 91-10443. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1992. * Decided July 23, 1992. Before CANBY, REINHARDT and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Berry Dunham ("Dunham" or "appellant") pleaded guilty to three counts of bank robbery in violation of 18 U.S.C. § 2113 (a), for which he received a sentence of ninety-two months' incarceration. Dunham now appeals from his sentence, arguing that the district court erred by refusing to grant his motion for subpoenas directed to the law enforcement agencies whose officers chased and caught him, and by accepting the presentence investigative report's ("PSI") recommendation that the appellant's offense level be increased by two points for reckless endangerment during the course of that chase. We affirm. 3 Taking the second issue first, we note…