United States v. Vernon Wayne Patterson

98 F.3d 1347 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Vernon Wayne PATTERSON, Defendant-Appellant. No. 95-30302. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 16, 1996. Decided Oct. 10, 1996. As Amended on Denial of Rehearing Nov. 8, 1996. Before: ALDISERT, * PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Vernon Wayne Patterson appeals the 188-month sentence imposed on him by the district court under U.S.S.G. § 5G1.3(a). We have jurisdiction under 28 U.S.C. § 1291 . We vacate and remand for resentencing. BACKGROUND 3 On February 15, 1995, while on pre-parole release from two federal bank robbery sentences, Vernon Wayne Patterson robbed the East Morrison Branch of the Key Bank of Oregon. On March 1, 1995, a federal grand jury indicted Patterson on one count of unarmed bank robbery. While awaiting trial on that charge, Patterson and another inmate at the…