United States v. Clarence Gilkey, United States of America v. Randall A. Crane

87 F.3d 1323 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Clarence GILKEY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Randall A. CRANE, Defendant-Appellant. Nos. 95-10325, 95-10326. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1996. * Decided June 20, 1996. 1 Before: REINHARDT and HALL Circuit Judges, and MERHIGE, District Judge. ** 2 MEMORANDUM *** 3 The appellants were convicted of bank robbery and sentenced in the Northern District of California (Henderson, J., presiding) within the "Gubiensio window," the period during which this court held the Sentencing Guidelines unconstitutional. Next, in the Northern District of Illinois (Holderman, J., presiding), the appellants were convicted of a separate robbery and given a sentence which ran consecutively to the first. After Gubiensio was overruled, the appellants asked Judge Henderson to resentence them under the 1988…