United States v. Donnie Roy O'Neal

78 F.3d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donnie Roy O'NEAL, Defendant-Appellant. No. 95-10269. United States Court of Appeals, Ninth Circuit. Submitted Nov. 9, 1995. * Decided March 4, 1996. Before: SCHROEDER, REINHARDT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Defendant Donnie Roy O'Neal appeals his 293-month sentence handed down by the district court on remand from United States v. O'Neal, No. 93-16878 (9th Cir. Jan. 12, 1995). O'Neal argues that the court erred when it 1) departed upward from the 180-month statutory mandatory minimum; and 2) failed to state valid grounds for departure. He asks this court to remand for resentencing, and to reassign the resentencing to a different district court judge. In the alternative, he requests that this court set his sentence at 180 months. 3 The government concedes that in light of this court's intervening decision in United States v. Canon, 66 F.3d 1073…