United States v. Kristian Luckett, AKA Kenneth Clark

53 F.3d 340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kristian LUCKETT, aka Kenneth Clark, Defendant-Appellant. No. 94-30263. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided May 5, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Kristian Luckett appeals his 144-month sentence imposed following the entry of guilty pleas to armed bank robbery in violation of 18 U.S.C. Sec. 2113 (a) and (d), and use of a firearm during a crime of violence in violation of 18 U.S.C. Sec. 924 (c). Luckett contends that: (1) the government violated the plea agreement by arguing for sentence enhancement based on reckless endangerment; (2) the district court erred by failing to depart downward based on the inherent racial bias of the Sentencing Guidelines; (3) the imposition of enhancements for both physical restraint and for bodily injury constitutes double counting; and (4)…