United States v. Leonard K. Gray Hawk

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Leonard K. GRAY HAWK, Defendant-Appellant. No. 91-30385. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Sept. 30, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Leonard K. Gray Hawk appeals his sentence imposed under the United States Sentencing Guidelines ("Guidelines") following his guilty plea to burglary of a United States Post Office, in violation of 18 U.S.C. § 2115 , and theft, in violation of 18 U.S.C. § 1153 . Gray Hawk contends that the district court erred by relying on his prior uncounseled tribal convictions to depart upward from the applicable Guidelines range. We have jurisdiction under 28 U.S.C. § 1291 and vacate and remand for resentencing. 3 Where calculation of a defendant's criminal history under the Guidelines does not adequately reflect the seriousness of…