United States v. Robert Owen Davies

981 F.2d 1259 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Owen DAVIES, Defendant-Appellant. No. 91-50818. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1992. * Decided Dec. 7, 1992. Before TANG, PREGERSON and ALARCON, Circuit Judges. ORDER The memorandum disposition filed October 22, 1992 is withdrawn. The mandate issued on November 12, 1992 is recalled. Before TANG, PREGERSON and ALARCON, Circuit Judges. 1 MEMORANDUM ** 2 Robert Owen Davies appeals his sentence under the sentencing guidelines following his guilty plea to unarmed bank robbery. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, but vacate and remand for resentencing. BACKGROUND 3 On July 24, 1991, Davies was arrested shortly after he robbed the Household Bank in Solvang, California of $1,979. Davies confessed to the robbery and wrote a letter of apology to the employees of the Household Bank. On October 8,…