United States v. Sergey Proshak

963 F.2d 381 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Sergey PROSHAK, Defendant-Appellant. No. 91-10316. United States Court of Appeals, Ninth Circuit. Submitted April 17, 1992. * Decided May 1, 1992. Before SCHROEDER, LEAVY and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Sergey Proshak was sentenced by the district court to a twenty-four month term of imprisonment after pleading guilty to uttering counterfeit obligations and possession of a fraudulent passport in violation of 18 U.S.C. § 472 , 1546(a). Proshak appeals his sentence, arguing that the district court abused its discretion by ordering that the federal sentence run consecutively with his California probation violation sentence. 3 Under the defendant's theory, he received a more severe sentence because he was first sentenced in California state court for the probation violation, and then sent back to Arizona for sentencing for the federal crime. Pursuant…