United States v. Raul Santana-Lopez, Charged as Raoul Lopez

39 F.3d 1190 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Raul SANTANA-LOPEZ, charged as Raoul Lopez, Defendant-Appellant. No. 94-50150. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1994. * Decided Nov. 3, 1994. Appeal from the United States District Court, for the Southern District of California, D.C. No. CR-93-00280-01-ML; Marilyn L. Huff, District Judge, Presiding. S.D.Cal. AFFIRMED. Before: CANBY, LEAVY, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Raul Santana-Lopez appeals from the sentence he received after pleading guilty to unlawful use of a communication facility in violation of 21 U.S.C. Sec. 843 (b), arguing that the district court erred by enhancing his sentence as a career offender under U.S.S.G. Sec. 4B1.1 without allowing Santana-Lopez to challenge the constitutionality of one of his underlying felony convictions. Because the Sentencing Guidelines do not provide an independent…