United States v. Anthony J. Yokley

17 F.3d 397 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony J. YOKLEY, Defendant-Appellant. No. 93-10197. United States Court of Appeals, Ninth Circuit. Submitted Jan. 19, 1994. * Decided Feb. 10, 1994. Before: GOODWIN, FARRIS and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 This second appeal after remand and resentencing presents a single issue: whether the district court complied with the judgment of this court. See Yokley v. U.S., Nos. 91-10149, 91-15741; 91-15622 (9th Cir. 11/16/92) (unpublished memorandum). The court did not comply with the remand. The sentence is vacated and remanded for resentencing. 3 The trial court's failure to observe the requirements of the remand, and of Fed.R.Crim.P. 32(c)(3(D) makes resentencing necessary. However, we find nothing in the record to prevent the reimposition of the same term of custody that was imposed in the sentence appealed from. 4 In this case, on resentencing, the…