United States v. William L. Smasal, United States of America v. Joseph Stanley Lucas

70 F.3d 121 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. William L. SMASAL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Joseph Stanley LUCAS, Defendant-Appellant. Nos. 95-30080, 95-30081. United States Court of Appeals, Ninth Circuit. Submitted Oct. 24, 1995. * Decided Nov. 3, 1995. Before: BEEZER, THOMPSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 William L. Smasal and Joseph Stanley Lucas appeal their sentences imposed following our remand for resentencing in United States v. Lucas, Nos. 93-30237, 93-30239 (unpublished disposition) (9th Cir. July 14, 1994) (Lucas I ). They contend that the district court erred in conducting only a limited review of their sentences on remand. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We expressly limited the scope of our remand in Lucas I to resentencing without a two-level upward adjustment for use of a firearm in connection…