United States v. Raymond M. Gray

ORDER

The memorandum disposition filed June 13, 1994, is redesignated as a per curiam opinion.

OPINION

Raymond Gray appeals his sentence for failure to appear in violation of 18 U.S.C. § 3146 (a) and (b). Gray argues that the district court improperly departed upward from the applicable fine range and improperly imposed his sentence to be consecutive to an as yet unimposed sentence for his underlying offense. He also argues that we should remand for resentencing before a different district judge. We vacate Gray’s fine, affirm the district court’s imposition of consecutive sentences, and remand to the same district judge for resentencing.

I.

This is Gray’s third appeal from his sentencing for failure to appear. Initially, his sentence was reversed and remanded because the district court did not sentence him under the Sentencing Guidelines. See United States v. Gray, 876 F.2d 1411, 1418-19 (9th Cir.1989), cert. denied, 495 U.S. 930 , 110 S.Ct. 2168 , 109 L.Ed.2d 497 (1990). Upon resentencing, the district court departed upward and imposed a 48 month term of imprisonment and a $250,000 fine. Because the district court did not adequately set forth its reasons for departing…