United States v. Donald Alonzo McNeil

61 F.3d 913 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Donald Alonzo McNEIL, Defendant-Appellee. No. 94-50465. United States Court of Appeals, Ninth Circuit. Submitted July 14, 1995. * Decided July 19, 1995. Appeal from the United State District Court, for the Central District of California, D.C. No. CR-91-00771-RMT; Robert M. Takasugi, District Judge, Presiding. C.D.Cal. [APPEALING AFTER REMAND, 21 F.3d 1117 ]. VACATED. 1 Before: FARRIS and O'SCANNLAIN, Circuit Judges; TASHIMA, ** District Judge. 2 MEMORANDUM *** 3 The government appeals the district court's decision at resentencing to grant Donald McNeil a two-level credit for acceptance of responsibility pursuant to section 3E1.1 of the Sentencing Guidelines. We vacate and remand. 4 * McNeil was charged in a superseding indictment with three counts of aiding and abetting unarmed bank robberies in violation of 18 U.S.C. Secs. 2113 (a) and 2(a). After his fist jury…