United States v. Alfie Night, AKA Daniel Alfredo Rodriquez, United States of America v. Alfie Night, AKA Daniel Alfredo Rodriquez

In these consolidated appeals, Alfie Night appeals the 135-month sentence imposed following entry of a guilty plea to six counts of bank robbery in violation of 18 U.S.C. § 2113 (a) and the 24-month sentence imposed for violating the terms of his supervised release. Night contends that the sentencing court is barred from increasing his offense level pursuant to U.S.S.G. § 2J1.7 because, at the time he was released on bond, the magistrate judge did not advise him orally that enhanced penalties applied to offenses committed while on release. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

We review de novo the interpretation of a statute or the Sentencing Guidelines. United States v. Blaize, 959 F.2d 850, 851 (9th Cir.), cert. denied, — U.S. -, 112 S.Ct. 2954 , 119 L.Ed.2d 576 (1992).

I

Factual Background

In 1989, Judge Patel sentenced Night to 46 months’ imprisonment and 3 years’ supervised release for robbing a bank. After serving his custodial sentence and while on supervised release, Night robbed five banks during the final months of 1992. Apparently, Night had not yet been connected to the robberies, because in December 1992, the probation officer alleged that Night…