United States v. Fernando Robinson-Amador

66 F.3d 337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Fernando ROBINSON-AMADOR, Defendant-Appellant. No. 94-10487. United States Court of Appeals, Ninth Circuit. Submitted July 13, 1995. * Decided Sept. 13, 1995. Before: HALL, WIGGINS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Fernando Robinson-Amador appeals the 18 month sentence imposed upon the revocation of his term of supervised release. Robinson-Amador argues that the district court erred in determining that his admitted use of cocaine, as evidenced by "dirty" urine samples, constituted a Grade A violation as defined in U.S.S.G. Sec. 7B1.1(a)(1)(ii) when his offense was actually a less serious Grade C violation under U.S.S.G. Sec. 7B1.1(a)(3). Robinson-Amador contends that although U.S.S.G. Sec. 7B1.4(a) sets the penalty for Grade C violations at 3-9 months, he is subject to a mandatory minimum penalty of "not less than one-third of the term of supervised…