United States v. Samuel Fernandez, AKA Samuel F. Dominguez

32 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Samuel FERNANDEZ, aka Samuel F. Dominguez, Defendant-Appellant. No. 93-10560. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 14, 1994. Decided July 27, 1994. Before: FERNANDEZ, RYMER, and T.G. NELSON, Circuit Judges MEMORANDUM * Samuel Fernandez Dominguez appeals his jury conviction and sentence for equity skimming in violation of 12 U.S.C. Sec. 1709-2 . We affirm the conviction, affirm the sentence in part, vacate it in part, and remand for re-sentencing. I. The Motion to Suppress The district court did not err when it denied the motion to suppress. A proper warrant was obtained and the police did not engage in an indiscriminate fishing expedition. Cf. United States v. Chen, 979 F.2d 714, 717-19 (9th Cir.1992). The records seized were within the warrant's authorization. See United States v. Rodriguez, 869 F.2d 479, 487 (9th Cir.1989).…