United States v. Tracy Damon Lee, Cross-Appellee

15 F.3d 1092 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, Cross-Appellant, v. Tracy Damon LEE, Defendant-Appellant, Cross-Appellee. Nos. 92-30349, 92-30380. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 1, 1993. Decided Dec. 23, 1993. Before: WALLACE, Chief Judge, WRIGHT and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 Tracy Damon Lee appeals his sentence of 157 months incarceration following his guilty plea to two counts of bank robbery and one count of using a firearm during a crime of violence. The government cross appeals the court's denial of an upward adjustment for obstruction of justice. We affirm on Lee's appeal and remand on the cross appeal. Youthful Lack of Guidance 3 In their sentencing memoranda and at the sentencing hearing, both Lee and the government agreed that the court had discretion to depart downward. They disagreed whether the facts merited the court's exercise of its…