United States v. James Grayson, AKA Jonathan Tyler

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James GRAYSON, aka Jonathan Tyler, Defendant-Appellant. No. 93-10710. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1994. Decided Nov. 4, 1994. Appeal from the United States District Court for the Northern District of California, No. CR-92-00237-SBA; Saundra B. Armstrong, District Judge, Presiding. N.D.Cal. VACATED AND REMANDED. Before: SCHROEDER, FERGUSON, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 James Grayson appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to wire fraud and aiding and abetting in violation of 18 U.S.C. Secs. 1343 and 2, and mail fraud and aiding and abetting in violation of 18 U.S.C. Secs. 1341 and 2. He argues that the government breached the plea agreement in three respects. 3 He first contends that the government breached the plea agreement by advocating a loss amount in…