United States v. Mark Allen Tory

95 F.3d 1160 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mark Allen TORY, Defendant-Appellant. No. 95-50335. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 8, 1996. Decided Aug. 21, 1996. Before: FERNANDEZ and TASHIMA, Circuit Judges, and MERHIGE, Senior District Judge. * MEMORANDUM ** On remand from a prior appeal, United States v. Tory, 52 F.3d 207 (9th Cir.1995), Appellant Mark Allen Tory ("Tory") was resentenced to a term of imprisonment of 84 months. Tory appeals that resentencing on various grounds. We VACATE Tory's amended sentence and REMAND to the district court for resentencing. I. From January 12, 1993 to March 9, 1993, Tory committed five bank robberies in Ojai, California. On March 26, 1993 a grand jury returned a five count indictment charging Tory with bank robbery in violation of 18 U.S.C. §§ 2113 (a) and (d). Counts one and four charged armed robbery. Counts two,…