United States v. Stanley Carter

Good Law
8 F.3d 31·1993 WL 385430·1993 U.S. App. LEXIS 35389
United States Court of Appeals for the Ninth CircuitSeptember 29, 199392-30408California460 words

Opinion

Opinion

8 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Stanley CARTER, Defendant-Appellant. No. 92-30408. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 3, 1993. Decided Sept. 29, 1993. Before: WALLACE, Chief Judge, WRIGHT and NOONAN, Circuit Judges. ORDER OF LIMITED REMAND 1 The defendant's sentence is vacated. The case is remanded and the district court is requested to clarify whether, under U.S.S.G. § 4A1.3 and § 4A1.2(e)(1), comment. (n. 8), it considered Carter's remote manslaughter conviction similar or dissimilar to the robbery conviction at issue. 2 At the time of sentencing, U.S.S.G. § 4A1.3 stated in part: 3 If reliable information indicates that the criminal history category does not adequately reflect the seriousness of the defendant's past criminal conduct or the likelihood that the defendant will commit other crimes, the court may consider imposing a sentence…

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