United States v. Roger Leroy Hines

68 F.3d 481 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roger Leroy HINES, Defendant-Appellant. Nos. 94-30397, 94-30398. United States Court of Appeals, Ninth Circuit. Submitted Oct. 19, 1995. * Decided Oct. 23, 1995. Before: WALLACE, Chief Judge, D.W. NELSON, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Roger Leroy Hines appeals his sentences imposed by the district court for two felonies: (1) Threats against the President, in violation of 18 U.S.C. Sec. 922 (g)(1), and (2) Felon in Possession of a Firearm, in violation of 18 U.S.C.Sec. 922(g)(1). He contends the district court erred by not giving a reasoned explanation for the extent of the three level upward departure. 3 This court has previously heard this case and has decided the law. See U.S. v. Hines, 26 F.3d 1469 (9th Cir. 1994) (hereafter "Hines I"). In Hines I, we held that the district court did not err in (1) imposing the six-level enhancement of U.S.S.G.…