United States v. Leon Smith

59 F.3d 177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Leon SMITH, Defendant-Appellant. No. 94-50543. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 12, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Leon Smith appeals his 167-month sentence imposed following remand by this court. He contends that the district court exceeded the scope of our remand order. He also contends that the district court erred by considering his actions during flight when it selected the appropriate sentence within the guidelines range. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Smith was convicted, following a jury trial, for 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). On the armed bank robbery count, the district court set his adjusted…