869 F. 2d 1499 - United States v. Gomez-Soto
869 F2d 1499 United States v. Gomez-Soto
869 F.2d 1499
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Jose Robert GOMEZ-SOTO, Defendant-Appellant.
No. 87-1348.
United States Court of Appeals, Ninth Circuit.
Submitted Jan. 31, 1989.*
Decided March 1, 1989.
Robert P. Aguilar, District Judge, Presiding.
Before KILKENNY, WIGGINS, and NOONAN, Circuit Judges.
Advertisement
MEMORANDUM**
Jose Robert Gomez-Soto appeals the denial of his motion to discharge him from a sentence of probation. He contends that the sentence of probation ran concurrently with his present sentence.
Gomez-Soto was sentenced to 15 years in prison on a conviction of conspiracy to distribute cocaine and on a separate count, income tax evasion, was given a suspended sentence and placed on probation "for a period of five years commencing after period of incarceration." There is no doubt or ambiguity in the sentence on Count II. It commences after the incarceration. It is not a split sentence but a separate and independent sentence on Count II. The judgment is AFFIRMED.