United States v. Payton Marcelle Thomas

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Payton Marcelle Thomas, Defendant-Appellant. No. 92-30491. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1993. Decided Nov. 17, 1993. Before REINHARDT, BRUNETTI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Oregon prisoner Payton Thomas was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922 (g) and sentenced to 64 months imprisonment. Thomas argues on appeal that the district court 1) improperly used an unconstitutionally obtained prior conviction in calculating his offense level and criminal history under the United States Sentencing Guidelines, and 2) improperly treated as unrelated two prior convictions in calculating his criminal history pursuant to U.S.S.G. Sec. 4A1.2(a)(2), where both cases were joined for sentencing in the same hearing. Based upon these objections, Thomas argues that his…