United States v. Herbert Hoover Holmes

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Herbert Hoover HOLMES, Defendant-Appellant. No. 94-50418. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided March 23, 1995. Appeal from the United States District Court for the Central District of California, No. CR-93-00243-JSL. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Herbert Hoover Holmes appeals his sentence following guilty pleas to wire fraud, in violation of 18 U.S.C. Sec. 1343 ; mail fraud, in violation of 18 U.S.C. Sec. 1341 ; bankruptcy fraud, in violation of 18 U.S.C. Sec. 152 ; making false statements, in violation of 18 U.S.C. Sec. 1001 ; and being a felon in possession of a gun, in violation of 18 U.S.C. Sec. 922 (g)(1). Despite a negotiated plea agreement in which he waived his right to appeal his sentence, Holmes contends that the district court erred by increasing his offense level based…