United States v. Trent Lee Davis

Good Law
980 F.2d 739·1992 WL 354291·1992 U.S. App. LEXIS 36074
United States Court of Appeals for the Ninth CircuitDecember 1, 199292-30202California433 words

Opinion

Opinion

980 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Trent Lee DAVIS, Defendant-Appellant. No. 92-30202. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 1, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Trent Lee Davis appeals his sentence under the United States Sentencing Guidelines, imposed following a guilty plea, for bank robbery in violation of 18 U.S.C. § 2113 (a). Davis contends that the district court erred by counting two prior convictions separately pursuant to U.S.S.G. § 4A1.2 when calculating his criminal history score. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand. 3 We review de novo the district court's determination that prior convictions are unrelated under section 4A1.2, while we review for clear error the underlying factual findings. United States v. Chapnick, 963 F.2d 224, 226 (9th…

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