908 F. 2d 978 - United States v. Taylor
908 F2d 978 United States v. Taylor
908 F.2d 978
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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.
Daniel Robert TAYLOR, Defendant-Appellant.
No. 89-30265.
United States Court of Appeals, Ninth Circuit.
Submitted July 11, 1990.*
Decided July 19, 1990.
Before GOODWIN, Chief Judge, FLETCHER and FERNANDEZ, Circuit Judges.
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MEMORANDUM**
Pursuant to a plea agreement Daniel Robert Taylor pled guilty to one count of conspiracy to manufacture and possess methamphetamine, with intent to distribute, in violation of 21 U.S.C. Secs. 841(a) and 846. He was sentenced under the Guidelines to a term of ninety-seven months incarceration, to be followed by three years of supervised release. Taylor challenges the district court's determination of his criminal history category and appeals his sentence. We affirm.
The pre-sentence report submitted to the district court determined the applicable Guidelines range to be 87-108 months, based upon a criminal history category of two. This calculation resulted from the addition of two extra points to Taylor's offense level under Sec. 4A1.1(d) for his having committed the instant offense while on probation.1
Taylor argues that because the conviction for which he was on probation was a minor traffic offense, wholly unrelated in time and nature to this narcotics offense, and, additionally, because the probation imposed was non-supervisory, the district court erred in allowing his probationary status to be used in calculating his criminal history category. His arguments are foreclosed by this court's recent decisions in United States v. McCrudden, 894 F.2d 338, 339 (9th Cir.1990), and United States v. Martinez, No. 88-3240, slip op. 5323 (9th Cir. May 25, 1990). We find no error in the district court's sentencing decision.
AFFIRMED.
The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed.R.App.P. 34(a); Ninth Circuit Rule 34-4
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3
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At the time he committed this offense Taylor was on unsupervised probation for a municipal conviction of reckless driving