United States v. Julio Antonio Duran

46 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Julio Antonio DURAN, Defendant-Appellant. No. 94-30133. United States Court of Appeals, Ninth Circuit. Submitted Jan. 11, 1995. * Decided Jan. 23, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Julio Antonio Duran appeals his 144-month sentence imposed following his conviction for armed bank robbery and use of a firearm during a crime of violence, in violation of 18 U.S.C. Secs. 942 (c), 2113(a), (d). Duran contends that on remand from this court, see United States v. Duran, 4 F.3d 800 (9th Cir.1993), cert. denied, 114 S.Ct. 894 (1994), the district court erred in calculating his criminal history score. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 First, Duran contends that the district court erred by assessing two criminal history points for his prior conviction for being under the influence of a…