United States v. Harvey Wes Daniels

995 F.2d 233 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Harvey Wes DANIELS, Defendant-Appellant. No. 92-50246. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 8, 1993. Decided June 10, 1993. 1 Before: CANBY and NORRIS, Circuit Judges, and TANNER ** District Judge. 2 MEMORANDUM *** 3 Harvey Daniels appeals his sentence following jury convictions on counts of conspiring to sell stolen bonds, in violation of 18 U.S.C. § 371 ; aiding and abetting in the distribution of stolen bonds, in violation of 18 U.S.C. § 2315 ; and possessing counterfeit money, in violation of 18 U.S.C. § 474 . For the most part we reject Daniels' challenge to the district court's valuation of loss under U.S.S.G. section 2B1.1. However, we agree with Daniels that he was not an organizer or leader within the meaning of U.S.S.G. section 3B1.1. We vacate the sentence and remand for resentencing. 4 * Daniels…