United States v. Richard Keith Hill

977 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard Keith HILL, Defendant-Appellant. No. 91-10545. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 14, 1992. Decided Oct. 5, 1992. 1 Before ALARCON, CYNTHIA HOLCOMB HALL, Circuit Judges and DWYER * District Judge. 2 MEMORANDUM ** 3 Richard Keith Hill ("Hill") appeals for the second time from his sentence of 105 months, following a plea of guilty to one count of armed robbery in violation of 18 U.S.C. § 2113 (a), (d). In his initial appeal to this court, Hill challenged his sentence on the ground that the district court's calculation of his criminal history erroneously included a 1968 California state conviction in which he pleaded guilty to assault to commit murder, robbery, receiving stolen property and auto theft. Hill argued that the inclusion of this conviction in the calculation of his sentence was improper, because the…