United States v. Dinah Holt

79 F.3d 1154 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dinah HOLT, Defendant-Appellant. No. 95-30063. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1996. * Decided March 13, 1996. Before: FLETCHER, NOONAN, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Dinah Holt appeals the sentence imposed under the Sentencing Guidelines following her guilty plea to bank robbery in violation of 18 U.S.C. § 2113 (a), on the grounds that (1) the district court erred in its calculation of her criminal history category; (2) the district court should have downward departed to prevent a disparity between her sentence and that of her codefendant; and (3) the district court erred in imposing a five-point enhancement for possession of a firearm. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because we agree that the district court erred in calculating Holt's criminal history category, we VACATE the sentence…