United States v. Thomas A. Czarny

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas A. CZARNY, Defendant-Appellant. No. 93-50432. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 16, 1994. Decided Nov. 1, 1994. Before: FEINBERG * , SCHROEDER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 The district court properly treated appellant's prior federal sentence for bank robbery and state sentence for liquor store robberies as unrelated sentences for purposes of computing his criminal history under U.S.S.G. Sec. 4A1.2. 3 A. The offenses were separated by several months and are different in kind; robbing a bank is not the same as robbing a liquor store, even if the motive in each case is to obtain money for drugs. The appellant did use a weapon to commit each robbery, and the victims shared the common trait of being retail establishments, but that does little to establish a substantial connection between these crimes.…