U.S. v. RIVERA-GOMEZ

No. 08-10480.

626 F.3d 1129 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Uriel RIVERA-GOMEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2010.


Attorney(s) appearing for the Case

Daniel J. Broderick , Federal Defender, and Douglas J. Beevers , Assistant Federal Defender, Fresno, CA, for the defendant-appellant Rivera-Gomez.

Lawrence G. Brown , United States Attorney, and Ian L. Garriques , Assistant United States Attorney, Fresno, CA, for plaintiff-appellee the United States.

Opinion by Judge IKUTA; Concurrence by Judge GOODWIN.


OPINION

IKUTA, Circuit Judge:

In calculating the defendant's sentencing range under the U.S. Sentencing Guidelines, the district court counted the defendant's prior state resisting arrest conviction as part of his criminal history, see § 4A1.1, rather than as part of the offense level for his crime of conviction, see § 2L1.2.1 Because a district court should account for a prior state conviction as part...

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