United States v. Scott Robin Roston

83 F.3d 430 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Scott Robin ROSTON, Defendant-Appellant. No. 94-50656. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 4, 1996. Decided April 25, 1996. As Amended on Denial of Rehearing July 1, 1996. 1 Before: PREGERSON, T.G. NELSON, Circuit Judges, and LYNCH, * District Judge. 2 MEMORANDUM ** 3 Defendant Scott Robin Roston ("Roston") was convicted of the second-degree murder of his wife, Karen Roston ("Mrs. Roston). He appeals his 405 month prison sentence under the Sentencing Guidelines. We have jurisdiction under 28 U.S.C. § 1291 . We vacate Roston's sentence and remand for a new sentencing hearing. Analysis A. Standard of Review 4 The district court's determination whether a particular item of evidence is sufficiently reliable to be considered at sentencing is reviewed under an abuse of discretion standard. United States v. Pinto, 48 F.3d 384, 389…