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U.S. v. MARTINEZ

No. 90-50702.

956 F.2d 891 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Victor M. MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 11, 1992.

As Amended April 22, 1992.

Attorney(s) appearing for the Case

Michael Garcia, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.

Wayne R. Gross, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before: BROWNING, BOOCHEVER and REINHARDT, Circuit Judges.

PER CURIAM:

Victor M. Martinez appeals the imposition of a 70-month sentence of incarceration following his plea of guilty to one count of armed bank robbery. Martinez contends that the district court erroneously increased his criminal history score based upon his prior misdemeanor convictions for being "under the influence of a controlled substance" in violation of California Health and Safety Code Section 11550(a).1 Martinez argues...

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