United States v. Lorenzo Arreola-Macias

996 F.2d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lorenzo ARREOLA-MACIAS, Defendant-Appellee. No. 92-10238. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1993. * Decided June 30, 1993. As Amended on Grant of Rehearing Aug. 31, 1993. Before: POOLE, FERGUSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Lorenzo Arreola-Macias (Arreola) appeals his sentence, contending that two of his prior convictions were unconstitutional and were therefore improperly included in calculating his criminal history category under the United States Sentencing Guidelines. We find that the district court considered Arreola's challenge to his prior convictions and found that Arreola failed to meet his burden to prove that they were constitutionally infirm. The district court did not clearly err in making these findings, and therefore we affirm. 3 Arreola was arrested on September 6, 1989 for his involvement in…