United States v. Mike Benavidez

992 F.2d 1220 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mike BENAVIDEZ, Defendant-Appellant. No. 92-10031. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 2, 1993. Decided April 27, 1993. Before: FARRIS, POOLE, and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 Mike Benavidez appeals his jury conviction and sentence for five counts of knowingly causing another person to engage in a sexual act by placing that person in fear, in violation of 18 U.S.C. §§ 1153 , 2242(1) (1988). The charges against Benavidez stemmed from allegations of sexual abuse made by a minor. We have jurisdiction pursuant 28 U.S.C. § 1291 (1988). We affirm the conviction but remand for an evidentiary hearing to determine whether Benavidez reviewed the presentence report prior to the imposition of sentence. I. 3 At a pretrial hearing, the district court ruled against the defense on certain evidentiary issues.…