U.S. v. MARLER

No. 07-30181.

527 F.3d 874 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Coby James MARLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 29, 2008.


Attorney(s) appearing for the Case

David F. Ness, Assistant Federal Defender, Federal Defenders of Montana, Great Falls, MT, for the defendant-appellant.

Leif M. Johnson, Assistant United States Attorney, Billings, MT, for the plaintiff-appellee.

Before: ANDREW J. KLEINFELD, A. WALLACE TASHIMA, and RICHARD C. TALLMAN, Circuit Judges.


TASHIMA, Circuit Judge:

Coby James Marler appeals the sentence imposed following his guilty plea to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). We must decide whether the fact that a defendant is on escape status at the time he commits another offense means that the escape and the subsequent offense are "related" for purposes of calculating the defendant's criminal history score under United States Sentencing Guidelines...

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