United States v. Robert Leroy Sandvig

78 F.3d 596 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Leroy SANDVIG, Defendant-Appellant. No. 94-10155. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 8, 1996. Decided Feb. 28, 1996. 1 Before: SCHROEDER and TROTT, Circuit Judges, and REED, District Judge * . 2 MEMORANDUM ** 3 Robert Leroy Sandvig appeals the sentence imposed by the district court following his conviction. We vacate the sentence and remand the case for resentencing. I. Facts and proceedings below 4 Sandvig was involved in a marijuana smuggling venture which lasted more than 18 months and involved 26 shipments. See United States v. Conkins, 9 F.3d 1377 (9th Cir.1993). In March 1990, he was indicted in the Western District of Texas on three counts, and pled guilty to importation; the other counts were dropped. The factual basis for the plea was Sandvig's role in an importation which ended on July 4, 1989. He was also…