United States v. Warren Zaretsky

26 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Warren ZARETSKY, Defendant-Appellant. No. 93-50638. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 19, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Warren Zaretsky appeals his fifteen-month sentence imposed following entry of a guilty plea to four counts of wire fraud, in violation of 18 U.S.C. Sec. 1343 . Zaretsky contends (1) the district court erred by making an upward adjustment in his offense level based upon its finding that Zaretsky intended a loss of $218,000, and (2) the government breached the plea agreement by failing to recommend a sentence at the low end of the applicable Guideline range. We have jurisdiction under 28 U.S.C. Sec. 1291 and vacate and remand. 3 * Background 4 Zaretsky and Jack Lerman owned and operated Warren Z, Inc., ("Warren Z") a clothing manufacturer. Zaretsky…