United States v. James Scott Daly

28 F.3d 108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Scott DALY, Defendant-Appellant. No. 93-50439. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1994. * Decided June 27, 1994. Before: FARRIS, O'SCANNLAIN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 James Daly appeals his 359-month sentence. 1 3 * Daly argues that the four-point increase for being an armed career criminal under Sec. 4B1.4 of the United States Sentencing Commission, Guidelines Manual (Nov. 1989), was inappropriate. The government agrees that there was no basis for this increase and that the case should be remanded for resentencing. We therefore reverse and remand for appropriate disposition by the district court. II 4 Daly also maintains that the circumstances articulated by the district court as justifying an upward departure are inadequate. The district court, adopting the presentence report ("PSR"), noted four bases for…