United States v. Brian Joseph Mahoney

39 F.3d 1189 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Brian Joseph MAHONEY, Defendant-Appellant. No. 93-50698. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 16, 1994. Decided Nov. 2, 1994. Before: FEINBERG * , SCHROEDER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Appellant claims that the district court improperly failed to treat his prior state and federal sentences for armed robbery as related sentences under U.S.S.G. Sec. 4A1.2(a)(2). The federal sentence was imposed prior to the state sentence; however, after state sentencing, the federal court amended its Judgment and Commitment Order to recommend that appellant's federal sentence run concurrent and coterminous with the state sentence. Ultimately, two robberies were prosecuted in state court and one was prosecuted in federal court. 3 The only reason the state and federal sentences were not consolidated for prosecution was the…