United States v. Michael Lee Racinowski

977 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Lee RACINOWSKI, Defendant-Appellant. No. 92-50179. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Sept. 29, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Michael L. Racinowski appeals his sentence under the United States Sentencing Guidelines ("Guidelines"), imposed following a guilty plea, for escape from the custody of the Attorney General in violation of 18 U.S.C. § 751 . Racinowski contends that the district court erred by applying the Guidelines in effect at the time of the offense rather than those in effect on the date of sentencing. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand. 3 We review de novo the district court's application of the Guidelines. United States v. Carvajal, 905 F.2d 1292, 1294 (9th Cir.1990). A district court applies the…