United States v. Joel Munoz-Pulido

39 F.3d 1189 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joel MUNOZ-PULIDO, Defendant-Appellant. No. 94-50002. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 4, 1994. Decided Oct. 24, 1994. 1 Before: FLETCHER and FERNANDEZ, Circuit Judges, and SEDWICK, * District Judge. 2 Joel Munoz-Pulido appealed to us once before. That was after the district court had decided that he was not entitled to a two-point reduction as a minor participant under U.S.S.G. Sec. 3B1.2 (Nov. 1992). It had, however, split the difference and given him a one-point reduction. We held that the court could not play Solomon with Guideline scores and remanded. United States v. Munoz-Pulido, No. 93-50128 (9th Cir. Sept. 20, 1993) (Munoz-Pulido I ). Munoz-Pulido now appeals the sentence imposed upon remand. He basically argues that the district court could not impose a more severe sentence upon remand and that the court clearly…