United States v. Anthony Levaughn Jones

980 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellee, v. Anthony LeVaughn JONES, Defendant-Appellant. No. 92-50173. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1992. * Decided Nov. 13, 1992. Before D.W. NELSON, CYNTHIA HOLCOMB HALL and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Anthony LeVaughn Jones pled guilty to robbery of a savings and loan, in violation of 18 U.S.C. § 2113 (a). Jones has been resentenced twice: most recently his sentence was reduced from thirty-seven to thirty months after this court found impermissible the district court's upward departure from the Sentencing Guidelines based upon conduct in uncharged counts. See United States v. Jones, No. 89-50594, unpublished opinion (9th Cir.Dec. 2, 1991). 1 This resentencing took place after Jones was released from custody on his thirty-seven month sentence. The sole contention that Jones raises on this appeal is that when his sentence…