United States v. Jose Luis Cruz-Caria

972 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Luis CRUZ-CARIA, Defendant-Appellant. No. 91-30343. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1992. * Decided Aug. 7, 1992. Before TANG, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Jose Luis Cruz-Caria appeals from his sentence, imposed following a guilty plea, for aiding and abetting the distribution of cocaine in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . Cruz-Caria contends that the district court erred by refusing to grant credit against his sentence for time served in state custody, because state prosecution for his offense was ultimately dismissed in favor of the instant federal prosecution. We dismiss the appeal. 3 Cruz-Caria was arrested by state authorities on February 5, 1991, and transferred to federal custody on April 2, 1991. At sentencing, the district court ordered that he receive credit…