United States v. Ronald Moore

53 F.3d 341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ronald MOORE, Defendant-Appellant. No. 94-10447. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 27, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Ronald Moore appeals his sentence after pleading guilty to three counts of bank robbery in violation of 18 U.S.C. Sec. 2113 (a). On September 6, 1994, Moore was sentenced to 151 months' imprisonment. Moore contends the district court erred when it (a) refused to consider a challenge to his 1990 conviction; and (b) failed to depart downward based upon a significantly over-represented criminal history category. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we vacate and remand. A. Challenge to 1990 Conviction 3 Because Moore committed his offenses in August 1993, he argues that the 1992 Guidelines apply, 1 and that he should have been…