United States v. Dominic Palazzola

1 F.3d 1248 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dominic PALAZZOLA, Defendant-Appellant. No. 92-50534. United States Court of Appeals, Ninth Circuit. Submitted July 16, 1993. * Decided July 19, 1993. Before GIBSON, ** HALL, and KLEINFELD, Circuit Judges. 1 MEMORANDUM *** 2 Dominic Palazzola appeals his 156-month sentence upon a plea of guilty to two counts of bank robbery, in violation of 18 U.S.C. Sec. 2113 (a). The question before us is whether the district court erred in classifying Palazzola as a career offender under the United States Sentencing Guidelines because two earlier bank robbery convictions should have been considered part of a "common scheme or plan" and "consolidated for sentencing" under U.S.S.G. Sec. 4A1.2(a) and Application Note 3 to Sec. 4A1.2. We affirm. 3 This court looks to several factors to determine whether prior offenses were part of a "common scheme or plan": (1) whether the crimes…