United States v. James H. Gallaher

67 F.3d 309 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James H. GALLAHER, Defendant-Appellant. No. 94-30377. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 11, 1995. Decided Sept. 25, 1995. Before: WRIGHT, ALARCON and CANBY, Circuit Judges. 1 MEMORANDUM * 2 Gallaher appealed his sentence for abusive sexual contact and we remanded. At the resentencing hearing, the district court imposed the same sentence, but then imposed a different sentence in its written order. Gallaher again appeals. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We vacate the sentence and remand for resentencing. A. Pronouncement of Sentence 3 We reject Gallaher's contention that the court " 'pronounced' no words at the sentencing hearing that can be construed" as the sentence. At the outset, the court noted that the quantum of the sentence had been decided, and that the only issue was whether the 70-month term…