United States v. Stephen Schaefer

103 F.3d 143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Stephen SCHAEFER, Defendant-Appellant. No. 95-10378. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1996. * Decided Nov. 22, 1996. Before: RONEY, ** BEEZER, and TROTT, Circuit Judges. 1 MEMORANDUM *** 2 Stephen Schaefer timely appeals his 51-month sentence, imposed after a guilty plea, for the crime of Armed Bank Robbery in violation of 18 U.S.C. § 2113 (a)(d). On appeal, Schaefer argues: 1) that the district court misapplied USSG § 5G1.3 by ordering Schaefer's federal sentence to run consecutively to his undischarged state sentence; and 2) that the district court failed to explain adequately its reasons for not following the methodology of section 5G1.3(c). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 We review the district court's interpretation and application of the guidelines de novo. United States v.…