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United States v. Lawrie

*fn* submitted san francisco california: March 31, 1993.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
NIGEL JAMES LAWRIE, DEFENDANT-APPELLANT.



Appeal from the United States District Court for the Northern District of California. D.C. No. CR-89-00231-WHO. William H. Orrick, Jr., District Judge, Presiding

Before: Hug, Hall, and O'scannlain, Circuit Judges.

MEMORANDUM

We vacated Lawrie's original sentence and remanded for resentencing because we were unable to determine whether the same sentence would have been imposed absent consideration of improper factors by the district court. United States v. Lawrie, No. 90-10426 (9th Cir. Jan. 31, 1992).

The district court subsequently resentenced Lawrie without consideration of any improper factors. We are now satisfied that the departure based on the inadequate criminal history score and the enhancement for criminal livelihood had different justifications; thus, there was no impermissible double counting.

AFFIRMED.

Disposition

AFFIRME ...


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