Bromlie

United States v. Bromlie

Good Law
203 F. App'x 16
United States Court of Appeals for the Ninth CircuitSeptember 27, 2006No. 06-30050California459 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Daniel Lee Bromlie (“appellant”) challenges his 96-month sentence for Unlawful User of a Controlled Substance in Possession of a Firearm in violation of 18 U.S.C. § 922 (g)(3).

Appellant’s arguments to the contrary notwithstanding, the district court correct *17 ly calculated his criminal history category. The district court properly assigned points for appellant’s DUI sentence. See U.S.S.G. § 4A1.2, Application Note 5. Moreover, the district court did not err in assigning three points to a sentence imposed in CDC-03-030 and three points to a sentence imposed in CDC-04-072, as the sentences were not imposed in “related cases,” and the Guidelines specifically allow a sentence for a new conviction to be counted separately from a sentence imposed upon revocation resulting from the conduct underlying the new conviction. See U.S.S.G. § 4A1.2, Application Note 11. Furthermore, in light of the advisory Guidelines and appellant’s extensive and long-term criminal history, the criminal history category the district court used was reasonable.

The district court also properly performed its duties post -Booker. 1 It is clear that the district recognized that the…

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