United States v. Robert Perry Dubin

91 F.3d 155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Perry DUBIN, Defendant-Appellant. No. 95-50261. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 6, 1996. Decided July 5, 1996. Before: FARRIS, FERNANDEZ and THOMAS, Circuit Judges. 1 MEMORANDUM * INTRODUCTION 2 Robert Perry Dubin appeals his conviction, following a jury trial, and sentence under the Sentencing Guidelines for conspiracy to commit bankruptcy fraud, in violation of 18 U.S.C. § 371 , concealing assets in a bankruptcy proceeding and making false statements in bankruptcy, in violation of 18 U.S.C. § 152 , and subscribing to materially false statements on a tax return, in violation of 26 U.S.C. § 7206 (1). Dubin was sentenced to sixty-three months imprisonment. We affirm the conviction, but vacate the sentence in part and remand for resentencing. DISCUSSION A. Validity of Indictment 3 In order to determine…