United States v. Margarito Zurita-Ruiz

70 F.3d 121 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Margarito ZURITA-RUIZ, Defendant-Appellant. No. 95-30164. United States Court of Appeals, Ninth Circuit. Submitted Oct. 24, 1995. * Decided Nov. 3, 1995. Before: BEEZER, THOMPSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Margarito Zurita-Ruiz appeals his sentence under the Sentencing Guidelines imposed following his conviction for possession of cocaine with the intent to distribute. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 The district court properly increased Zurita-Ruiz's criminal history score by two points pursuant to U.S.S.G. Sec. 4A1.1(d) because he was on probation for furnishing false information to a police officer, a misdemeanor, at the time he committed the instant offense. See United States v. Martinez, 905 F.2d 251, 254 (9th Cir.1990). 4 Zurita-Ruiz contends that the two-point increase in his criminal history…