United States v. Stanley Carter

26 F.3d 133 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Stanley CARTER, Defendant-Appellant. No. 92-30408. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 3, 1993. Decided June 9, 1994. Before: WALLACE, Chief Judge, WRIGHT and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 We vacated the defendant's sentence and ordered a limited remand. We asked that the district court clarify whether, under the 1991 version of U.S.S.G. Sec. 4A1.3 and Sec. 4.A1.2(e)(1), comment. (n. 8), it considered the defendant's remote manslaughter conviction similar to the robbery conviction at issue. We affirm the court's decision that the manslaughter and robbery convictions are similar and a proper basis for an upward departure under Sec. 4.A1.2(e)(1), comment. (n. 8). The court said: 3 I find that defendant's prior manslaughter is evidence of similar conduct to this offense. Information from the presentence report reflects…