United States v. Jolene Phillips, United States of America v. Jolene Phillips

976 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Jolene PHILLIPS, Defendant-Appellee, UNITED STATES of America, Plaintiff-Appellee, v. Jolene PHILLIPS, Defendant-Appellant. Nos. 91-10478, 91-10479. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 17, 1992. Decided Sept. 21, 1992. Before WIGGINS, O'SCANNLAIN and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Jolene Phillips appeals from a jury verdict finding her guilty of involuntary manslaughter and assault. The United States appeals the sentence imposed upon Phillips after conviction. Both parties filed a timely notice of appeal, and this court has jurisdiction pursuant to 28 U.S.C. § 1291 (1988). We affirm the conviction but vacate the sentence and remand for resentencing. BACKGROUND 3 In January 1990, Phillips was driving a pickup truck after she had been "partying" and had consumed a substantial amount of alcohol. Phillips drove…