United States v. Gilbert Frank Arteaga

988 F.2d 122 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gilbert Frank ARTEAGA, Defendant-Appellant. No. 91-50803. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 8, 1993. Decided March 3, 1993. Appeal from the United States District Court for the Central District of California; No. CR-91-0478-RG-01, Richard A. Gadbois, Jr., District Judge, Presiding. C.D.Cal. VACATED AND REMANDED. 1 Before CANBY and WILLIAM A. NORRIS, Circuit Judges, and TANNER, District Judge * 2 MEMORANDUM ** 3 Gilbert Frank Arteaga pleaded guilty to one count of unarmed bank robbery. The district court sentenced him as a career offender based on a 1971 robbery conviction and a 1984 burglary conviction. It is the inclusion of the 1971 conviction that is at the heart of Arteaga's appeal. 4 * Arteaga first argues that the 1971 state robbery conviction should not have been included in his criminal history calculation because it…