United States v. Frank Douglas Kilts

988 F.2d 124 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Douglas KILTS, Defendant-Appellant. No. 92-30252. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1993. * Decided Feb. 26, 1993. Appeal from the United States District Court for the District of Oregon, No. CR-91-382-1-FR; Helen J. Frye, District Judge, Presiding. D.Or. AFFIRMED IN PART AND DISMISSED IN PART. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Frank Kilts appeals his sentence imposed under the Sentencing Guidelines following entry of a guilty plea to bank robbery in violation of 18 U.S.C. § 2113 (a). Kilts contends that the district court erred by sentencing him as a career offender when his 1986 Arizona burglary conviction was characterized by the state court as "non-dangerous". In the alternative, Kilts contends that the case should be remanded because the district court failed to resolve disputed…