United States v. Andrea Vila

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Andrea VILA, Defendant-Appellant. No. 93-10218. United States Court of Appeals, Ninth Circuit. Submitted Jan. 18, 1994. * Decided Jan. 21, 1994. Before: REINHARDT, O'SCANNLAIN and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Andrea Vila appeals her 210-month sentence imposed after a guilty plea to possession with intent to distribute dilaudid in violation of 21 U.S.C. Secs. 841 (a)(1). Vila contends the district court erred by treating two of Vila's prior convictions as unrelated for purposes of calculating her United States Sentencing Guidelines criminal history score. We have jurisdiction under 28 U.S.C. Sec. 1291 . We vacate and remand for resentencing because, as the government concedes, under the Guidelines in effect at the time of sentencing the district court improperly calculated Vila's criminal history category. 3 Because Vila failed to object in the…