United States v. Michael Lee Racinowski

15 F.3d 1094 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Michael Lee RACINOWSKI, Defendant-Appellee. No. 92-50658. United States Court of Appeals, Ninth Circuit. Submitted Jan. 5, 1994. * Decided Jan. 20, 1994. 1 Before: GOODWIN and HALL, Circuit Judges, and TANNER, ** District Judge. 2 MEMORANDUM *** 3 The United States appeals an 18 month sentence imposed on the defendant. The district court had jurisdiction pursuant to Title 18 U.S.C. Sec. 3231 and this court has jurisdiction pursuant to Title 28 U.S.C. Sec. 1291 and Title 18 U.S.C. Sec. 3742 (b). We review de novo the district court's application of the Sentencing Guidelines, United States v. Howard, 894 F.2d 1085, 1087 (9th Cir 1990), and we REVERSE and REMAND for resentencing. 4 This is the second appeal from the conviction of defendant Racinowski for escape in violation of Title 18 U.S.C. Sec. 751 . He was originally sentenced inter alia to 24 months in custody…