United States v. Kraig Fujinaka

Good Law
983 F.2d 1078·1992 WL 389216·1992 U.S. App. LEXIS 37097
United States Court of Appeals for the Ninth CircuitDecember 31, 199291-50182California559 words

Opinion

Opinion

983 F.2d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kraig FUJINAKA, Defendant-Appellant. No. 91-50182. United States Court of Appeals, Ninth Circuit. Submitted Nov. 3, 1992. * Decided Dec. 31, 1992. Before WALLACE, Chief Judge, and TROTT and T.G. NELSON, Circuit Judges. MEMORANDUM 1 Fujinaka appeals from his sentence under the Sentencing Guidelines following his conviction for aiding and abetting a bank robbery in violation of 18 U.S.C. §§ 2 (a) and 2113(a). Fujinaka contends that the district court erred in finding that he was a career offender under section 4B1.1 of the Guidelines because his two prior state robbery convictions were constitutionally invalid. See U.S.S.G. § 4B1.1. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm. 2 Fujinaka contends that his two…

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