United States v. Charles Juan Stevenson, III

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Charles Juan STEVENSON, III, Defendant-Appellee. No. 92-50746. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 3, 1993. Decided Jan. 10, 1994. Before: TANG, CANBY and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 The United States appeals the sentence imposed on Stevenson, contending that the district court erred in concluding that the crime of possession of a weapon in prison under 18 U.S.C. Sec. 1791 (a)(2) is not a "crime of violence" under the career offender provisions of the United States Sentencing Guidelines ("Guidelines"), that Stevenson was entitled to a downward departure based on "youthful lack of guidance," and that Stevenson merited a one level reduction for acceptance of responsibility. We have jurisdiction pursuant to 18 U.S.C. Sec. 3742 . We vacate the sentence and remand. 3 * We review the district court's interpretation of…