United States v. Pablo Dominguez-Alvarado

95 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Pablo DOMINGUEZ-ALVARADO, Defendant-Appellant. No. 95-50497. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 23, 1996. Before: BROWNING, SCHROEDER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Pablo Dominguez-Alvarado appeals his 70-month sentence following resentencing by the district court. Dominguez-Alvarado contends that the district court erred by: (1) exceeding the scope of this court's mandate; (2) violating Dominguez-Alvarado's due process rights by ruling on a factual issue without notice and a hearing and by vindictively increasing his sentence for pursuing a successful appeal; and (3) resentencing Dominguez-Alvarado without considering post-sentencing conduct. We have jurisdiction under 28 U.S.C. § 1291 , and review de novo the district court's interpretation and application of the sentencing guidelines. United…