United States v. James Caterino

29 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 CATERINO, Defendant-Appellant. No. 93-50187. United States Court of Appeals, Ninth Circuit. Submitted April 4, 1994. * Decided July 11, 1994. Before BROWNING, PREGERSON and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** I. BACKGROUND 2 James Norman Caterino appeals his sentence, imposed by the district court after this court remanded his case for resentencing. 3 Mr. Caterino's conviction arose out of a scheme whereby he and others operating a company called Marco Numismatics, Inc. ("Marco"), conspired to fraudulently induce more than 500 customers to invest in nearly worthless coins. On March 18, 1989 a jury convicted Caterino, of twenty counts of conspiracy, mail fraud, and wire fraud, in violation of 18 U.S.C. Secs. 371 , 1341, and 1343. Caterino appealed and we affirmed the conviction but remanded for resentencing because the district court had erroneously added…