United States v. George Allen Morgan, Jr.

985 F.2d 576 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. George Allen MORGAN, Jr., Defendant-Appellee. No. 92-50231. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 5, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 The United States appeals from the sentence imposed on George Morgan, Jr., following a guilty plea, for passing counterfeit currency in violation of 18 U.S.C. § 472 . The government contends that the district erred by ruling that it could not rely on Morgan's uncharged conduct when calculating the applicable sentencing range. We have jurisdiction under 28 U.S.C. § 1291 and we vacate the sentence and remand for resentencing. 2 We review de novo the district court's application of the Sentencing Guidelines. United States v. Lawrence, 916 F.2d 553, 554 (9th Cir.1990). 3 Under the Guidelines, a district court must determine the amount of…