United States v. Samuel Fernandez-Dominguez

76 F.3d 389 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Samuel FERNANDEZ-DOMINGUEZ, Defendant-Appellant. No. 95-10036. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1995. * Decided Feb. 1, 1996. Before: CHOY, WIGGINS, and LEAVY, Circuit Judge. 1 MEMORANDUM ** 2 Samuel Fernandez-Dominguez ("Fernandez") challenges his resentencing arguing that the district court erroneously denied an evidentiary hearing on the calculation of restitution owed for his violation of 12 U.S.C. § 1709-2 because the court had concluded that our prior remand was limited in scope. 3 In his prior appeal, Fernandez challenged on various grounds both his conviction and sentence. We affirmed his conviction but determined that the district court had erred at sentencing by applying a vulnerable victim enhancement pursuant to U.S.S.G. § 3A1.1 and by imposing a separate restitution order. United States v. Fernandez, No.…