United States v. Allen Lorne Wade

36 F.3d 1104 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Allen Lorne WADE, Defendant-Appellant. No. 94-10012. United States Court of Appeals, Ninth Circuit. Submitted Sept. 14, 1994. * Decided Sept. 19, 1994. Before: BROWNING, WRIGHT, and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Allen Lorne Wade pleaded guilty to three counts of violating 18 U.S.C. Sec. 922 (g)(1). He appeals only his sentence, which was an upward departure from the Guidelines. We vacate the sentence and remand for resentencing. 3 Wade, a felon with an escalating history of violence, walked into a bar wearing a holstered .44 magnum. He was also a passenger in a car where police found a loaded shotgun and a stolen semi-automatic pistol. Judge Pro imposed three concurrent sentences of 78 months followed by three years of supervised release, running consecutive to a state life sentence for second degree murder. 4 Although we review de novo the district…