Shirazi
United States v. Shirazi
Opinion
Opinion
MEMORANDUM
Ramin Shirazi appeals the 63-month sentence he received after pleading guilty to two counts of bank robbery in violation of 18 U.S.C. § 2113 (a). The district court counted a state vehicle theft conviction as criminal history rather than relevant eon- duct under the advisory sentencing guidelines. The vehicle theft conviction increased Shirazi’s criminal history category to III and yielded an advisory guideline range of 68 to 78 months. We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 . The district court’s determination that the vehicle theft conviction is a prior sentence for enhancement purposes is reviewed de novo. United States v. Cruz-Gramajo, 570 F.3d 1162, 1167 (9th Cir.2009). We affirm.
The computation of a sentencing guideline range includes criminal history points for most prior sentences. U.S.S.G. §§ 4A1.1, 4A1.2; Cruz-Gramajo, 570 F.3d at 1167 . However, a prior sentence is not included in the criminal history calculation if the earlier conviction was for relevant conduct that was part of the offense currently before the court for sentencing. U.S.S.G. § 4A1.2(a)(l) and cmt. n. 1; Cruz-Gramajo, 570 F.3d at 1167-68 . Relevant…