United States v. William Lamar Burrell

21 F.3d 1116 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. William Lamar BURRELL, Defendant-Appellant. No. 92-30467. United States Court of Appeals, Ninth Circuit. Submitted March 11, 1994. * Decided March 31, 1994. Before: BROWNING, KOZINSKI and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 A. Burrell claims the district court erred in determining his criminal history category because, even though he was on probation when he committed the armed bank robberies, he did not honestly and reasonably believe he was on probation. We review the district court's findings of fact underlying a sentence for clear error. United States v. Turner, 898 F.2d 705, 708 (9th Cir.1990). The district court did not err in concluding Burrell knew he was on probation. Moreover, even if he didn't know, U.S.S.G. Sec. 4A1.1(d) asks whether a defendant is on probation, not whether he honestly believes that he is. 3 B. Burrell next claims the district…