United States v. Mark Douglas Zubick

50 F.3d 18 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mark Douglas ZUBICK, Defendant-Appellant. No. 94-50154. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 5, 1994. Decided March 23, 1995. BEFORE: SCHROEDER, FLETCHER, and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Defendant Mark Zubick appeals his six-year sentence of imprisonment for his 1988 conviction for the unauthorized use of an access device, 18 U.S.C. Sec. 1029 (a)(2). Zubick claims that he was subjected to double jeopardy at the time of his original sentencing when the district court aggregated pre- and post-guidelines losses to enhance the pre-guidelines sentence but failed to make that sentence run concurrently with his post-guidelines sentence. We have jurisdiction, 28 U.S.C. Secs. 1291 , 2255, and vacate the sentence and remand for resentencing. FACTS AND PRIOR PROCEEDINGS 3 In 1988, Zubick pleaded guilty to charges resulting from…