United States v. Kevin Victor Dooley

98 F.3d 1347 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kevin Victor DOOLEY, Defendant-Appellant. No. 96-30142. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1996. * Decided Oct. 9, 1996. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Kevin Victor Dooley ("Dooley") appeals his sentence under the Sentencing Guidelines following his conviction for bank robbery ( 18 U.S.C. § 2113 (a)). We have jurisdiction under 28 U.S.C. § 1291 . We affirm. 3 Dooley requests that we reconsider United States v. Rivera, 996 F.2d 993 (9th Cir.1993), where we held that the Sentencing Commission acted within its authority under 28 U.S.C. § 994 (h) when it provided that both state and federal drug convictions qualify as predicate offenses for career offender status under U.S.S.G. § 4B1.1. 4 He also asks us to reconsider United States v. Heim, 15 F.3d 830 (9th Cir.),…