United States v. Fred Fletcher

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Fred FLETCHER, Defendant-Appellant. No. 95-50542. 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 Fred Fletcher appeals his 57-month sentence imposed following remand by this court for resentencing. Fletcher contends that the district court erred by failing to make adequate factual findings on remand to support its twelve-level upward adjustment of his base offense level pursuant to U.S.S.G. § 2F1.1. We have jurisdiction under 28 U.S.C. § 1291 , and affirm. 3 "The district court's interpretation and application of the Sentencing Guidelines are reviewed de novo. The district court's factual findings in the sentencing phase are reviewed for clear error." United States v. Shaw, No. 95-50193, slip op. 9403, 9406 (9th Cir. Aug. 1, 1996). 4…