U.S. v. KAMMERDIENER

No. 90-30199.

945 F.2d 300 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Sammy Dewayne KAMMERDIENER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1991.


Attorney(s) appearing for the Case

Alan Zarky, Seattle, Wash., for defendant-appellant.

Harry J. McCarthy and Ken Parker, Asst. U.S. Attys., Seattle, Wash., for plaintiff-appellee.

Before WRIGHT, BEEZER and WIGGINS, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

We are faced with the question whether convictions set aside under the Federal Youth Corrections Act, 18 U.S.C. § 5021, repealed Pub.L. No. 473 § 218(a)(8), 98 Stat. 2027 (1984) (FYCA), may be considered in calculating a defendant's criminal history category under the Sentencing Guidelines. Being bound by precedent, we conclude they may not be considered and reverse and remand for resentencing.

I

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