United States v. Gary Wayne Brown

33 F.3d 60 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gary Wayne BROWN, Defendant-Appellant. No. 93-10541. United States Court of Appeals, Ninth Circuit. Submitted July 14, 1994. * Decided Aug. 16, 1994. Before: FERNANDEZ, RYMER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Gary Wayne Brown challenges his conviction and sentence for committing extortion under pretense of office. 18 U.S.C. Sec. 872 . We affirm the conviction, but vacate the sentence and remand for a redetermination of the offense level. DISCUSSION A. Sufficiency of Evidence 3 The government contends that we are precluded by the doctrine of invited error from reviewing the sufficiency of the evidence. We disagree. 4 Brown did not lead the district court into error. Brown asked the court to dismiss the extortion counts but the court dismissed the false personation counts. 18 U.S.C. Sec. 912 . Moreover, Brown's arguments are not inherently…