United States v. Anthony F. Provenzano

72 F.3d 136 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony F. PROVENZANO, Defendant-Appellant. No. 94-10424. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 20, 1995. Decided Dec. 8, 1995. Before: FERGUSON and HAWKINS, Circuit Judges, and NIELSEN, * District Judge. MEMORANDUM ** Anthony Provenzano, convicted of three drug-related offenses in district court, now appeals his sentence. We have jurisdiction pursuant to 18 U.S.C. Sec. 3742 (a). We affirm in part, vacate in part and remand for resentencing. I. FACTS In January 1994, Provenzano, a Chicago lawyer, was convicted in district court in Arizona on one count of conspiracy to possess with intent to distribute marijuana and two counts of possession with intent to distribute marijuana. The conviction was based on Provenzano's involvement in a conspiracy to transport marijuana from Arizona to Chicago for distribution in Chicago. On May 5,…