United States v. Otis Williams

97 F.3d 1463 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Otis WILLIAMS, Defendant-Appellant. No. 95-10340. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 10, 1996. Decided Sept. 5, 1996. 1 Before: REINHARDT and HALL, Circuit Judges, and MERHIGE, Senior District Judge. * 2 MEMORANDUM ** 3 Appellant, Otis Williams ("Williams"), appeals his conviction and sentence on one count of theft by a postal employee in violation of 18 U.S.C. § 1709 , one count of false statements in violation of 18 U.S.C. § 1001 , and two counts of unlawful acquisition of food stamps in violation of 7 U.S.C. § 2024 (b)(1). We AFFIRM the convictions but REMAND for resentencing. I. 4 On November 5, 1994, Williams, a United States Postal Service (USPS) letter carrier, attempted to deliver approximately $115.00 in food stamps to Linda French ("French") at an apartment complex in Peoria, Arizona. French was not at…