United States v. Anthony D. Casias, United States of America v. Leo Casias

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony D. CASIAS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Leo CASIAS, Defendant-Appellant. Nos. 90-50339, 90-50340. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 8, 1992. Decided Aug. 19, 1992. Before POOLE, WIGGINS and LEAVY, Circuit Judges. 1 MEMORANDUM DISPOSITION * 2 Anthony and Leo Casias appeal their sentencing and ordered restitution following their guilty pleas to one count of conspiracy to commit mail fraud. Anthony Casias was sentenced to 30 months and Leo Casias was sentenced to 27 months. Both were sentenced under the Guidelines, though the judge departed upward from the Guidelines in both cases. The sentences were appealed under 18 U.S.C. section 3742 . This court has jurisdiction over the timely appeals pursuant to 28 U.S.C. section 1291 . I. Facts 3 The Casias brothers owned and operated…