United States v. Donear Tyrone Wiggins

967 F.2d 596 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donear Tyrone WIGGINS, Defendant-Appellant. No. 91-10451. United States Court of Appeals, Ninth Circuit. Submitted June 12, 1992. * Decided June 17, 1992. Before JAMES R. BROWNING, ALDISERT ** and PREGERSON, Circuit Judges. 1 MEMORANDUM *** 2 Wiggins argues the district court erred when it assigned him additional criminal history points for his conviction of robbing a Quality Inn Motel in Santa Monica, California on August 16, 1989. He claims that for purposes of section 4A1.2 of the Sentencing Guidelines, the Quality Inn robbery was "related" to the instant offense, which included robbing the Sanwa Bank in Los Angeles, California on August 14, 1989, because the robberies occurred on the same occasion and were part of a single common scheme or plan. See U.S.S.G. § 4A1.2, comment. (n. 3) (offenses are related if they "(1) occurred on the same occasion, (2) were…