United States v. George Henry Goutier, Jr.

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. George Henry GOUTIER, Jr., Defendant-Appellant. No. 93-10236. United States Court of Appeals, Ninth Circuit. Submitted March 18, 1994. Decided June 14, 1994. Before: REINHARDT and LEAVY, Circuit Judges, and McLAUGHLIN, District Judge. * MEMORANDUM ** George Henry Goutier, Jr. appeals his sentence, imposed following his conviction for unauthorized use of an access device in violation of 18 U.S.C. Sec. 1029 (a)(2); for bank larceny in violation of 18 U.S.C. Sec. 2113 (b); and for perjury in violation of 18 U.S.C. Sec. 1623 . We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and 18 U.S.C. Sec. 3742 . We vacate Goutier's sentence and remand for resentencing to omit the 2-level enhancement imposed under United States Sentencing Guidelines Sec. 3C1.1. * Background Goutier was convicted in May 1990 for possession of unauthorized access devices (credit card account…