United States v. Reggie Lamont Toler

86 F.3d 1165 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Reggie Lamont TOLER, Defendant-Appellant. Nos. 95-55395, 95-55769. United States Court of Appeals, Ninth Circuit. Submitted May 7, 1996. * Decided May 24, 1996. Before: HALL, O'SCANNLAIN and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner Reggie Lamont Toler appeals from the district court's order denying his motion for post-conviction relief pursuant to 28 U.S.C. § 2255 . We affirm. I. 3 Toler argues that the district court erroneously sentenced him as a career offender pursuant to United States Sentencing Guidelines § 4A1.2. He contends that the two separate convictions at issue, the first for robbery and the second for burglary, assault with a deadly weapon and accessory to murder, were consolidated and should have been considered as one offense for purposes of U.S.S.G. § 4A1.2. 4 In his direct appeal, Toler raised this identical argument…