United States v. Domingo Gomez-Lopez
Opinion
Opinion
993 F.2d 885 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Domingo GOMEZ-LOPEZ, Defendant-Appellant. No. 92-30118. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 8, 1993. Submission Withdrawn Feb. 19, 1993. Resubmitted April 22, 1993. Decided May 11, 1993. Before: D.W. NELSON, TROTT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Domingo Gomez-Lopez appeals from the twenty-four month sentence he received following his guilty plea to illegal re-entry after deportation subsequent to a felony conviction, in violation of 8 U.S.C. § 1326 (a). He contends the district court improperly calculated his criminal history category because three prior convictions should have been treated as "related cases," thereby reducing his criminal history from Category V to Category IV. 3 We agree. Each of the three cases was sentenced by the same state court judge on the same day, in the same proceeding.…