United States v. Mitchell Lee Price

999 F.2d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mitchell Lee PRICE, Defendant-Appellant. No. 91-10377. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 14, 1992. Submission Vacated May 5, 1993. Resubmitted July 14, 1993. July 16, 1993. Before SCHROEDER, NORRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Appellant Mitchell Lee Price ("Price") pled guilty to armed bank robbery, in violation of 18 U.S.C. § 2113 , and was sentenced to 236 months' imprisonment. Price challenges his sentence on two grounds: first, that the district court erred in not allowing him to challenge the constitutionality of two prior felony convictions, and second, that the district court failed to state its reasons for choosing a sentence within a guidelines range greater than 24 months, as required by 18 U.S.C. § 3553 (c). We vacate the sentence and remand. 3 * The presentence report classified Price…