Encinas

MEMORANDUM **

Gilbert Encinas appeals his sentence after pleading guilty to conspiracy, possession of fifteen or more unauthorized access devices, and aggravated identity theft. We affirm.

Encinas would not have been entitled to an adjustment under U.S.S.G. § 5G1.3(b) for the time he spent in state custody had that term of imprisonment been undischarged, because the district court found that this custody was due to parole revocation. See U.S.S.G. § 5G1.3, Application Note 3(C). Accordingly, Enci-nas was not entitled to a downward departure under the Guidelines for his discharged term of state imprisonment. See id., Application Note 4; U.S.S.G. § 5K2.23. Although Encinas asserts on appeal that he was held in state custody for reasons other than a parole violation, he did not argue this to the district court and nothing in the record supports his contentions.

The district court correctly counted both of Encinas’s unlicensed driver convictions under the Guidelines. Because the two offenses were separated by an intervening arrest, they cannot be considered related under U.S.S.G. § 4A1.2 & Application Note 3. See United States v. Asberry, 394 F.3d 712, 718-19 (9th Cir.2005); United…