United States v. Eric Vongrastic Logan

62 F.3d 1426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eric Vongrastic LOGAN, Defendant-Appellant. No. 95-50084. United States Court of Appeals, Ninth Circuit. Submitted July 18, 1995. * Decided Aug. 4, 1995. Before: HUG, SCHROEDER, and BOOCHEVER, Circuit Judges. 1 MEMORANDUM ** 2 Eric Logan appeals his resentencing for unarmed bank robbery following remand by this court after we reversed his conviction for armed bank robbery. He contends that the district court erred by: 1) sentencing him at the high end of his applicable guideline range, and 2) sentencing him to a five-year supervised release period. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm in part and vacate and remand for resentencing in part. I. 3 Logan contends that the district court violated his due process rights by vindictively sentencing him at the high end of the applicable guideline range after Logan prevailed on an earlier appeal. We…