United States v. Antonio McKinney

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio McKINNEY, Defendant-Appellant. No. 94-50362. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided March 27, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Antonio McKinney appeals his sentence of 101 months imposed following remand by this court. He contends that by sentencing him at the top of the guideline range, the district court improperly penalized him for standing trial. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 McKinney was convicted, following a jury trial, for conspiracy, armed bank robbery, and using a firearm during a crime of violence. The district court sentenced him at the low end of his guideline range to concurrent terms of 46 months imprisonment on Counts 1 and 2, and a consecutive 60-month term on the firearm count. We affirmed McKinney's conviction, but…