United States v. Irwin Michael Brody

97 F.3d 1461 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Irwin Michael BRODY, Defendant-Appellant. No. 96-10016. United States Court of Appeals, Ninth Circuit. Submitted Sept. 10, 1996. * Decided Sept. 13, 1996. Before: FLETCHER, BRUNETTI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Irwin Michael Brody appeals his 41-month consecutive sentence imposed following his guilty plea conviction for bank fraud in violation of 18 U.S.C. § 1344 . He contends that the district court erred by failing to consider the methodology set forth in the commentary to U.S.S.G. § 5G1.3(c). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate and remand. 3 Section 5G1.3 applies when a defendant is subject to one or more undischarged terms of imprisonment at the time of federal sentencing. Section 5G1.3(c) provides, in pertinent part, that "the sentence for the instant offense may be imposed to run concurrently,…