United States v. Kanard James Meloncon

46 F.3d 1147 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kanard James MELONCON, Defendant-Appellant. No. 94-50310. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 25, 1995. * Decided: Jan. 30, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Kanard James Meloncon appeals his conviction and 120-month sentence for aiding and abetting the armed robbery of a letter carrier in violation of 18 U.S.C. Secs. 2 , 2214. Meloncon contends that the government's decision to prosecute him for the robbery was vindictive and that the district court improperly increased his sentence for use of a firearm and obstruction of justice. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 * Vindictive Prosecution 4 Meloncon argues that the district court erred by denying his motion to dismiss the indictment for vindictive prosecution. 5 No appearance of vindictive prosecution…