United States v. James Joseph Gerard, United States of America v. Judith Ann Gerard

19 F.3d 1441 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Joseph GERARD, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Judith Ann GERARD, Defendant-Appellant. Nos. 92-30335, 92-30336. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided March 18, 1994. Before: WALLACE, Chief Judge, FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 In these companion cases, James Joseph and Judith Ann Gerard appeal their respective sentences of 24 months' and 18 months' incarceration, imposed under the United States Sentencing Guidelines following their convictions by guilty plea to bank fraud in violation of 18 U.S.C. Sec. 1344 . The Gerards claim that, because they opened the first three of twenty fraudulent accounts before November 1, 1987, and because the Guidelines' penalties were increased before their fraud was discovered in 1991, the district court's application of…