United States v. Martell Josiah Moore

12 F.3d 1110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Martell Josiah MOORE, Defendant-Appellant. No. 92-10479. United States Court of Appeals, Ninth Circuit. Submitted May 14, 1993. * Decided Nov. 22, 1993. 1 Before: POOLE and FERNANDEZ, Circuit Judges, and KELLEHER, Senior District Judge ** 2 MEMORANDUM *** 3 This appeal involves the district court's application of the Sentencing Guidelines in imposing sentence upon Martell Josiah Moore, who pleaded guilty to embezzlement in violation of 18 U.S.C. Sec. 657 . We affirm the district court's calculation of the offense level, but vacate the imposition of a fine and remand for reconsideration of that issue only. BACKGROUND FACTS 4 On Saturday, January 23, 1988, Moore was the acting branch manager of the San Bruno Branch of California Federal Savings, with the responsibility for opening and closing the bank. When the bank opened Monday, January 25, employees discovered…