Guy

United States v. Guy

Good Law
178 F. App'x 706
United States Court of Appeals for the Ninth CircuitMay 4, 2006No. 05-30273California546 words

Opinion

lead Opinion

MEMORANDUM **

Defendant-Appellant Donald Guy appeals from the sentence of 12 years’ imprisonment imposed on him following his plea of guilty to one count of brandishing a firearm during a drug transaction, in violation of 18 U.S.C. § 924 (c), and one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). On appeal, Guy challenges the district court’s calculation of his criminal history score. Guy contends that the district court erred in determining that three of his prior state-court drug convictions were unrelated and that Guy should therefore receive two criminal history points for each of those convictions. We review the district court’s determination that Guy’s convictions were related “with due deference” and, under that standard, we affirm. United States v. Asberry, 394 F.3d 712 , 718 n. 8 (9th Cir.2005).

For the purposes of the Sentencing Guidelines, “[p]rior sentences imposed in related cases are to be treated as one sentence” when calculating a defendant’s criminal history score. USSG § 4A1.2(a)(2) (2003). “Prior sentences are not considered related if they were for offenses that were separated by an intervening arrest (i.e., the…

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