United States v. Denise Brown-Kimble, Etc.

89 F.3d 846 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Denise BROWN-KIMBLE, etc., Defendant-Appellant. No. 95-10243. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 16, 1996. Decided June 27, 1996. 1 Before: PREGERSON and TROTT, Circuit Judges, and EZRA, District Judge * . 2 MEMORANDUM ** 3 Defendant-Appellant Denise Brown-Kimbel was convicted by jury of theft of mail (food stamps) by a postal employee in violation of 18 U.S.C.A. § 1709 (West Supp.1996). Defendant asserts two challenges in this appeal: First, she argues that the district court committed reversible error by allowing into evidence prior thefts of food stamps that occurred at the post office where she was employed as a postal supervisor. Second, Defendant argues that the district court failed to make a specific finding at her sentencing that she had the ability to pay a fine, and urges this court to remand for resentencing. 3…