United States v. James S. Simon, III

29 F.3d 637 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 S. SIMON, III, Defendant-Appellant. No. 94-50101. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 11, 1994. Decided July 20, 1994. 1 Before: POOLE and REINHARDT, Circuit Judges, and TANNER, * District Judge. 2 MEMORANDUM ** 3 James S. Simon, III appeals his sentence under the Sentencing Guidelines for his guilty plea conviction to bank fraud in violation of 18 U.S.C. Secs. 2 & 1344. Simon challenges the district court's two level increase to the offense level for more than minimal planning, the district court's reduction for mitigating role by two instead of three levels, and the district court's order of $10,000 restitution. We affirm. 4 The parties are well aware of the facts so we do not repeat them here. DISCUSSION A. Standard of Review 5 We review a district court's construction and interpretation of the Sentencing Guidelines…