United States v. Hilario Vasquez-Lombera

48 F.3d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Hilario VASQUEZ-LOMBERA, Defendant-Appellant. No. 94-30312. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 23, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Hilario Vasquez-Lombera appeals his sentence of 18 months imprisonment imposed following entry of a guilty plea to illegal reentry of a deported alien in violation of 8 U.S.C. Sec. 1326 . Vasquez-Lombera contends that the district court erred by treating his two prior state offenses as "unrelated" when it computed his criminal history category under U.S.S.G. Sec. 4A1.2. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 The question whether cases are related under U.S.S.G. Sec. 4A1.2 is a mixed question of law and fact and therefore is reviewed de novo. United States v. Hummasti, 986 F.2d 337, 339 (9th Cir.), cert. denied, 113…