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UNITED STATES v. SPINNEY

No. 85-1248.

795 F.2d 1410 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Kealoha Crash SPINNEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 29, 1986.

Attorney(s) appearing for the Case

Mark J. Bennett, Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Benjamin B. Cassiday, III, Asst. Fed. Pub. Defender, Honolulu, Hawaii, for defendant-appellant.

Before FERGUSON, CANBY, and HALL, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

A jury found defendant, Kealoha Crash Spinney, guilty on two counts of conspiracy to commit simple assault, a misdemeanor. The district court sentenced defendant to two consecutive 90-day sentences. In addition, the court imposed a fine of $15,000 and restitution totaling $20,337.59. Defendant appeals from the district court's sentence. We vacate and remand for resentencing.

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