United States v. Cecilio Aguirre-Cerda

59 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Cecilio AGUIRRE-CERDA, Defendant-Appellant. No. 94-50559. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 12, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. MEMORANDUM ** Cecilio Aguirre-Cerda appeals his sixty-month sentence for re-entering the United States after having been deported following a felony conviction. Aguirre-Cerda argues his criminal history score incorrectly reflected that he committed the instant offense while on probation for another offense. We review de novo the application of the Sentencing Guidelines. United States v. Kayfez, 957 F.2d 677, 678 (9th Cir.1992) (per curiam). We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. After having been deported three times and convicted of various crimes, Aguirre-Cerda was arrested by police officers on state charges on March 12, 1994. On April…