United States v. Joshua William Sanders

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joshua William SANDERS, Defendant-Appellant. No. 93-10780. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 13, 1994. Decided Aug. 1, 1994. Memorandum Disposition Ordered Withdrawn August 30, 1994. MEMORANDUM * Before: GOODWIN, POOLE, and REINHARDT, Circuit Judges. 1 Joshua William Sanders appeals his conviction and sentence on two counts of mailing a threatening communication in violation of 18 U.S.C. Sec. 876 . Sanders plead guilty to both counts and received two concurrent 15-month terms of imprisonment. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm in part and reverse in part, and remand for resentencing. I. 2 Sanders first contends that the district court should have granted him a four-point reduction in offense level under Sec. 2A6.1(b)(2). A defendant may receive a four-level downward adjustment under Sec. 2A6.1(b)(2) if…