United States v. William Henry Bender

977 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. William Henry BENDER, Defendant-Appellant. No. 91-10550. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1992. * Decided Oct. 5, 1992. Before ALARCON, BOOCHEVER and CYNTHIA HOLCOMB HALL, Circuit Judges. 1 MEMORANDUM ** 2 William Henry Bender appeals from the district court's imposition of a thirty-month sentence after Bender pleaded guilty to one count of conspiracy to commit wire fraud and aiding and abetting. Bender claims the district court erred in its upward adjustment of his sentence because he was not a manager or supervisor in the conspiracy. Bender argues (1) that the district court denied him due process because it improperly called and questioned a witness at the sentencing hearing, (2) that the district court's finding that he was a manager or supervisor of the conspiracy was clearly erroneous, and (3) that the court erred in imposing…