United States v. Donald Alonzo McNeil

21 F.3d 1117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donald Alonzo McNEIL, Defendant-Appellant. No. 93-50133. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 7, 1994. Decided April 1, 1994. 1 Before: WIGGINS, T.G. NELSON, Circuit Judges, and REED, * District Judge. 2 MEMORANDUM ** 3 Donald McNeil (McNeil) appeals his jury conviction and sentence on two counts of bank robbery. He argues that the district court erred in (1) denying his motion to suppress evidence; (2) admitting hearsay evidence as proof of the banks' FDIC status; and (3) sentencing him pursuant to the career offender provision. We affirm his conviction, but vacate the sentence and remand for resentencing. A. Motion to Suppress 4 "A warrantless arrest is valid if it is supported by probable cause." United States v. Hoyos, 892 F.2d 1387, 1392 (9th Cir.1989), cert. denied, 498 U.S. 825 (1990). Probable cause exists when…