United States v. Iran Brown

46 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Iran BROWN, Defendant-Appellant. No. 94-50298. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 11, 1995. * Decided: Jan. 20, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Iran Brown appeals his 31-month sentence for possession with intent to defraud of 50,000 security holograms for use in making counterfeit credit cards, in violation of 18 U.S.C. Sec. 1029 (a)(4). Brown contends the district court erred by imposing a 14-level upward adjustment pursuant to U.S.S.G. Sec. 2F1.1 based on the amount of intended loss involved in his offense. We affirm. 3 In a previous appeal, we vacated Brown's original sentence because the sentencing court had improperly departed upward from the applicable sentencing range based on the amount of intended loss, instead of determining whether an adjustment was appropriate under…