United States v. Eric Tony Johnson

967 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eric Tony JOHNSON, Defendant-Appellant. No. 91-30245. United States Court of Appeals, Ninth Circuit. Submitted May 7, 1992. * Decided June 11, 1992. As Amended June 22, 1992. Before WALLACE, Chief Judge, GOODWIN, Circuit Judge, and LEVI, District Judge. ** MEMORANDUM *** Appellant Eric Tony Johnson asserts that the district court erred in ruling that three bank robbery and theft convictions were not related within the meaning of section 4A1.2(a)(2) of the Sentencing Guidelines. We have jurisdiction of this timely appeal under 28 U.S.C. § 1291 . We affirm in part, vacate in part, and remand for resentencing. FACTUAL AND PROCEDURAL BACKGROUND Johnson pleaded guilty to two counts of bank robbery. For purposes of sentencing, the district court assessed Johnson twelve points for criminal history: three points for each of four convictions. Johnson asserts that three…