United States v. Lance Leonard Nevell

5 F.3d 542 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lance Leonard NEVELL, Defendant-Appellant. No. 92-10691. United States Court of Appeals, Ninth Circuit. Submitted Sept. 1, 1993. * Decided Sept. 10, 1993. Appeal from the United States District Court, for the District of Arizona, D.C. No. CR-90-00275-RMB; Richard M. Bilby, Chief Judge, Presiding. D.Ariz., 974 F.2d 1344 . VACATED AND REMANDED. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Lance Leonard Nevell appeals his 18-month sentence imposed following remand from this court for resentencing. Nevell was originally sentenced to 18 months' imprisonment following entry of his guilty plea to knowingly making a false statement in the acquisition of a firearm in violation of 18 U.S.C. Secs. 922 (a)(6), 924(a)(1). Nevell contends the district court erred by (1) departing upward based upon his continued use of drugs prior to sentencing and…