United States v. Kelvin N. Dumas

978 F.2d 1266 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kelvin N. DUMAS, Defendant-Appellant. No. 92-50218. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 9, 1992. Before D.W. NELSON, CYNTHIA HOLCOMB HALL and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Kelvin N. Dumas appeals his sentence upon a plea of guilty to five counts of making false statements to a government agency in violation of 18 U.S.C. § 287 on the ground that the district court should have imposed a sentence to run concurrently with an undischarged state sentence. The question before us is whether the district court erred in not applying United States Sentencing Guidelines § 5G1.3(b) when it sentenced Dumas to 24 months in custody and three years of supervised release, to run consecutively with a three-year state sentence for convictions of forgery, perjury and commercial burglary. People v. Dumas, No.…