United States v. Michael Edward Versey

35 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Edward VERSEY, Defendants-Appellant. No. 93-50582. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 3, 1994. Decided Sept. 7, 1994. 1 Before: D.W. NELSON and NOONAN, Circuit Judges, and KING * , District Judge. 2 MEMORANDUM ** 3 Michael Edward Versey (Versey) appeals his sentence for bank robbery. We remand. 4 On April 30, 1991 Michael Versey was indicted on four counts of unarmed bank robbery, 18 U.S.C. Sec. 2113 (a), and one count of armed bank robbery, 18 U.S.C. Sec. 2113 (d). The government also accumulated evidence of six other bank robberies committed by Versey for which Versey was not charged. 5 Versey subsequently pleaded guilty to five counts of unarmed bank robbery. Under the terms of his plea agreement, Versey stipulated that 6 the Court may, in its discretion, consider the six additional robberies ... for the following…