United States v. Iran Brown

19 F.3d 30 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Iran BROWN, Defendant-Appellant. No. 93-50425. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided Feb. 28, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Iran Brown appeals his 35-month sentence imposed following entry of a guilty plea to possession with intent to defraud equipment and impressions (50,000 security holograms) designed to make counterfeit access devices (credit cards), in violation of 18 U.S.C. Sec. 1029 (a)(4). Brown contends the district court erred by departing upward fourteen levels based upon its finding that the applicable Guideline range underrepresented the seriousness of his offense. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 * Background 4 Brown approached Jerry Fox, owner of a hologram business, and arranged to purchase 100,000 holograms and a…