United States v. Johnny Stewart

21 F.3d 1118 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Johnny STEWART, Defendant-Appellant. No. 93-50555. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1994. * Decided March 28, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Johnny Stewart appeals his sentence of thirty months imposed following entry of a guilty plea to conspiracy to defraud the United States by obtaining and aiding to obtain the payment of false claims in violation of 18 U.S.C. Secs. 2 , 286. Stewart contends the district court erred by finding he was an organizer or leader of the offense. Stewart also contends a remand is necessary for the district court to clarify its basis for rejecting a downward departure. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm in part and dismiss in part. 3 * Background 4 According to the stipulated statement of facts, Stewart, Jerry Mackey, and Rick Reed…