United States v. Troy Cortez Demby

Good Law
12 F.3d 1109·1993 WL 493695·1993 U.S. App. LEXIS 36586
United States Court of Appeals for the Ninth CircuitNovember 30, 199393-30137California615 words

Opinion

Opinion

12 F.3d 1109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. TROY CORTEZ DEMBY, Defendant-Appellant. No. 93-30137. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Nov. 30, 1993. Before: SCHROEDER, D.W. NELSON and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Troy Cortez Demby appeals his 21-month sentence, following entry of a guilty plea to making a false statement in the acquisition of a firearm in violation of 18 U.S.C. Sec. 922 (a)(6). Demby contends the district court erred by treating two of Demby's prior convictions as unrelated for purposes of 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, 226 (9th Cir.1992). 4 The district court must treat prior convictions in related cases as one conviction.…

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