Walker

United States v. Walker

Good Law
84 F. App'x 780
United States Court of Appeals for the Ninth CircuitDecember 10, 2003No. 03-30130; D.C. No. CR-02-00012-DWMCalifornia403 words

Opinion

Lead Opinion

MEMORANDUM **

Dana Eugene Walker appeals his 57-month sentence following a plea of guilty for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(D). We have jurisdiction over this final judgment and sentence pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and affirm the sentence.

The district court ordered 21 months of Walker’s 57-month sentence to run concurrently to another federal sentence he *781 was already serving following a conviction in the U.S. District Court for the Eastern District of Washington for conspiracy to import marijuana. The district court ordered the other 36 months of Walker’s sentence to run consecutively to his prior sentence. Walker contends that because his prior conviction affected his criminal history category under the Sentencing Guidelines, the district court erred in not ordering that his entire 57-month sentence run concurrently to his prior sentence under § 5G1.3(b) of the Sentencing Guidelines.

We review de novo a district court’s interpretation of the Sentencing Guidelines, and review for abuse of discretion a district court’s application of the Sentencing Guidelines to the specific facts…

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