United States v. Anthony Spencer

996 F.2d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony SPENCER, Defendant-Appellant. No. 92-30175. United States Court of Appeals, Ninth Circuit. Argued and Submission Deferred March 3, 1993. Submitted June 30, 1993. Decided July 2, 1993. Before: TANG, POOLE and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Anthony Spencer appeals his sentence for possession of marijuana while in a federal institution, in violation of 18 U.S.C. § 1791 . Spencer argues that the district court erred in treating three of his four prior convictions separately for sentencing purposes. He contends that the three prior convictions were consolidated and should have been treated as one offense for sentencing purposes. We reverse and remand for resentencing. I. 3 Whether prior offenses are related under U.S.S.G. § 4A1.2 is a mixed question of law and fact which is reviewed de novo by this court. United States v. Chapnick, 963 F.2d…