U.S. v. HOY

No. 90-30254.

932 F.2d 1343 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Phares HOY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 14, 1991.

Attorney(s) appearing for the Case

Brian Patrick Conry, Portland, Or., for defendant-appellant.

Mark R. Bailey, Asst. U.S. Atty., Portland, Or., for plaintiff-appellee.

Before PREGERSON, BRUNETTI and T.G. NELSON, Circuit Judges.


Defendant-appellant Robert Hoy was sentenced under the Federal Sentencing Guidelines to 78 months in custody for robbing the Security Pacific Bank in Portland, Oregon. After the robbery, but before he was sentenced on the robbery charge, Hoy committed two other offenses which resulted in state court sentences. The district court counted these state sentences as "prior sentences" in calculating Hoy's criminal history under the guidelines.

Hoy argues...

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