United States v. James Harold Sutherlin

15 F.3d 1094 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Harold SUTHERLIN, Defendant-Appellant. No. 93-10127. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 27, 1993. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 James Harold Sutherlin appeals his 87-month sentence imposed after a guilty plea to seven counts of bank robbery in violation of 18 U.S.C. Sec. 2113 (a). Despite a negotiated plea agreement in which Sutherlin waived his right to appeal, he argues that: (1) the government breached the plea agreement by failing to remain silent regarding a specific sentence; (2) the district court engaged in impermissible double counting in computing his criminal history category; and (3) the district court erred by adding criminal history points for a prior sentence because the record failed to establish that Sutherlin actually served a period of imprisonment. We…