United States v. James Thomas Traversino

21 F.3d 1119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. James Thomas TRAVERSINO, Defendant-Appellee. No. 93-50539. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1994. * Decided March 29, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 The United States ("government") appeals the district court's decision to suspend imposition of sentence and instead impose a five-year term of probation on defendant James Thomas Traversino. Traversino pleaded guilty to three counts of bank robbery, in violation of 18 U.S.C. Sec. 2113 (a). We review de novo. United States v. Lira-Barraza, 941 F.2d 745, 746 (9th Cir.1991) (en banc). We vacate and remand for resentencing with instructions that the case be reassigned to another district judge. 3 * Background 4 Applying the Sentencing Guidelines, the probation officer who prepared Traversino's presentence report calculated an offense level…