U.S. v. DAYEA

No. 93-10278.

32 F.3d 1377 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Calvin DAYEA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 5, 1994.


Attorney(s) appearing for the Case

Sally S. Duncan, Phoenix, AZ, for defendant-appellant.

Joseph J. Lodge, Asst. U.S. Atty., Phoenix, AZ, for plaintiff-appellee.

Before: SCHROEDER, D.W. NELSON, and CANBY, Circuit Judges.


CANBY, Circuit Judge:

Calvin Dayea pleaded guilty to charges of involuntary manslaughter and assault resulting in serious bodily injury, both charges stemming from an automobile accident he caused while intoxicated. He now appeals his sentence. We vacate his sentence and remand for resentencing.

BACKGROUND

In this case, as in too many others, the common criminal activity of drunken driving ended in tragedy. Early on July 3, 1992, Calvin Dayea began...

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