Lomeli-Mences

United States v. Lomeli-Mences

Good Law
333 F. App'x 267
United States Court of Appeals for the Ninth CircuitSeptember 30, 2009No. 07-50452California1,276 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Hugo Armando Lomeli-Mences pleaded guilty to entering the United States after having been deported, in violation of 8 U.S.C. § 1326 (a) and (b)(2). On appeal, he raises two arguments challenging the district court’s calculation of his sentence under the United States Sentencing Guidelines: (1) the district court abused its discretion in finding that his prior convictions for false impris *269 onment and false personation were not “related” for purposes of calculating his criminal history score; and (2) the district court erred in assessing criminal history points for those two offenses, because Defendant was sentenced for them after he committed the instant offense. 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Related Offenses

We review “with due deference” the district court’s determination that two crimes were not related or consolidated for sentencing. Buford v. United States, 532 U.S. 59, 64-66 , 121 S.Ct. 1276 , 149 L.Ed.2d 197 (2001); United States v. Asberry, 394 F.3d 712 , 718 n. 8 (9th Cir.2005).

Asberry provides that in determining whether convictions were consolidated for trial or sentencing, we must consider whether the…

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