United States v. Michael Allen Gray

19 F.3d 30 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Allen GRAY, Defendant-Appellant. No. 93-30276. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1994. * Decided Feb. 16, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Michael Allen Gray appeals his 63-month sentence imposed following a guilty plea to unarmed bank robbery in violation of 18 U.S.C. Sec. 2113 (a). Gray contends the district court erred by: (1) relying on his 1989 California state conviction which allegedly resulted from an invalid guilty plea in his criminal history calculation; (2) adding three points instead of two points to his criminal history score for a 1991 California state sentence; and (3) refusing to depart downward from the applicable Guidelines range because his criminal history category VI overrepresented the seriousness of his criminal history. We have jurisdiction under 28 U.S.C.…