United States v. Frank Joseph Brown

988 F.2d 123 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frank Joseph BROWN, Defendant-Appellant. No. 92-50157. United States Court of Appeals, Ninth Circuit. Submitted Feb. 3, 1993. * Decided Feb. 24, 1993. On Appeal from the United States District Court for the Central District of California; No. CR-91-0835-R(A)-1, Manuel Real, District Judge, Presiding. C.D.Cal. AFFIRMED. Before HUG, SKOPIL and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 This is an appeal from the conviction and imposition of sentence following a jury's determination of Frank Brown's guilt on three counts of embezzlement of mail and one count of assault with intent to rob a postal carrier. Brown, through his attorney, contends the district court erred by (1) denying his motion for mistrial; and (2) miscalculating his offense level for purposes of sentencing. Brown also submitted a pro se brief in which he contends that his sentence should not have…