United States v. Brian Blake Baird

5 F.3d 540 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Brian Blake BAIRD, Defendant-Appellant. No. 92-30377. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 20, 1993. Appeal from the United States District Court for the District of Oregon; D.C. No. CR-92-98-REJ; Robert E. Jones, District Judge, Presiding. D.Or. VACATED AND REMANDED. Before: PREGERSON, BRUNETTI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Brian Blake Baird appeals his sentence imposed following entry of his guilty plea to possession of stolen mail in violation of 18 U.S.C. Sec. 1708 . Baird contends that the district court erred by counting two prior convictions separately when calculating his criminal history score. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 We review de novo whether two prior offenses are related under U.S.S.G. Sec. 4A1.2. United States v. Chapnick, 963 F.2d 224,…