United States v. Damion Sanders

47 F.3d 1177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Damion SANDERS, Defendant-Appellant. No. 94-30239. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 24, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Damion Sanders appeals his conviction and the 87-month sentence imposed following his conditional plea of guilty to armed bank robbery and carjacking in violation of 18 U.S.C. Secs. 2113 (a), (d), and 2119. Sanders claims the district court erred, first, by concluding that probable cause supported his arrest and, second, by increasing his base offense level for restraining a victim pursuant to U.S.S.G. Sec. 2B3.1(b)(4)(B). We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. Facts 3 Sanders and a codefendant, both dressed in face masks and black jumpsuits, entered a Portland bank and, with guns drawn, ordered everyone to lie on the floor.…