United States v. Denmark David Requena, United States of America v. Tommie Lee Evans

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Denmark David REQUENA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Tommie Lee EVANS, Defendant-Appellant. Nos. 93-50399, 93-50435. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1994. * Decided May 25, 1994. 1 Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, ** Senior District Judge. 2 MEMORANDUM *** 3 Denmark David Requena and Tommie Lee Evans appeal their sentences imposed under the Sentencing Guidelines following guilty plea convictions for armed bank robbery in violation of 18 U.S.C. Sec. 2113 (a) and (d). We affirm Evans' sentence and vacate and remand Requena for sentencing. I. A. Requena 4 Denmark David Requena raises one issue on appeal of his sentence: whether there was sufficient evidence for a two-point upward adjustment for reckless endangerment during flight under U.S.S.G. Sec. 3C1.2 based on his…