Bray
United States v. Bray
Opinion
Lead Opinion
MEMORANDUM **
Dorond Alfred Bray pled guilty to carrying a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924 (c)(1); armed bank robbery, in violation of 18 U.S.C. § 2113 (a)(d); and armed credit union robbery, in violation of 18 U.S.C. § 2113 (a)(d). He was sentenced to 120 months’ imprisonment for the robbery offenses, plus the mandatory 60 months for the firearm offense. He contends on appeal that the district court erred in adding six points to his criminal history for his three juvenile adjudications for auto theft.
We review de novo a district court’s determination that a prior conviction should be counted for criminal history purposes under the Sentencing Guidelines. United States v. Lopez-Pastrana, 244 F.3d 1025, 1027 (9th Cir.2001).
U.S.S.G. §§ 4Al.l(b) and 4A1.2(d) require that two points be added to a defendant’s criminal history “for each adult or juvenile sentence to confinement of at least sixty days if the defendant was released from such confinement within five years of his commencement of the instant offense.” When Bray was sentenced, he had three juvenile adjudications for vehicle thefts. Each involved a sentence of…