United States v. Stanley Alan Hershey

51 F.3d 283 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Stanley Alan HERSHEY, Defendant-Appellant. No. 93-10705. United States Court of Appeals, Ninth Circuit. Submitted March 17, 1995. * Decided April 3, 1995. Before: GOODWIN, CANBY, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 On remand, the district court was instructed to clarify whether it found Stanley Alan Hershey responsible for the death of Gordon Johnson and, if so, whether it relied upon this factor in departing upward. Before Hershey was resentenced, he was convicted in California state court for the murder of Johnson. 3 In resentencing Hershey, the district court specifically found "on the basis of the evidence adduced at the trial in this court that defendant Stanley Hershey was responsible for the murder of Gordon Johnson." The court therefore found an upward departure appropriate under U.S.S.G. Sec. 5K2.1 (death as a ground for departure). The…