United States v. Donald Mark Watts

52 F.3d 335 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donald Mark WATTS, Defendant-Appellant. No. 94-50000. United States Court of Appeals, Ninth Circuit. Submitted April 4, 1995. * Decided April 10, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Donald Mark Watts appeals his sentence after pleading guilty to four counts of bank robbery in violation of 18 U.S.C. Sec. 2113 (a). On December 20, 1993, Watts was sentenced to 162 months' imprisonment. He contends that (a) his counsel was ineffective because he failed to argue for a downward departure based on Watts's history of mental illness; and (b) the trial court erred when it failed to order that Watts's federal sentence run concurrently with the state sentence which he was already serving. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 Ineffective assistance of counsel claims are reviewed de novo.…