United States v. Bradley Jay Montgomery

38 F.3d 1219 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Bradley Jay MONTGOMERY, Defendant-Appellant. Nos. 94-10262 to 94-10264, and 94-10327. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 3, 1994. Decided Oct. 19, 1994. 1 Before: PREGERSON and WIGGINS, Circuit Judges, and LEW, * District Judge. 2 MEMORANDUM ** OVERVIEW 3 Appellant Bradley Jay Montgomery appeals his concurrent sentences imposed under U.S.S.G. Sec. 5G1.3(b) and the Arizona U.S. District Court's denial of his Fed.R.Crim.P. Rule 35(c) motion to correct sentence. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and Rule 4(a) of the Federal Rules of Appellate Procedure. We reverse and remand for resentencing. BACKGROUND 4 Between November 30, 1991, and March 7, 1992, Appellant Bradley Jay Montgomery stole mail from rural mail boxes in Lexington, Kentucky. The stolen mail included personal checks, credit cards, blank pre-printed…