Unpublished Disposition, 869 F.2d 1499 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 869 F.2d 1499 (9th Cir. 1989)

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.

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.

 *

The panel finds this case appropriate for submission without oral argument pursuant to Fed. R. App. P. 34(a) and 9th Cir.R. 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 9th Cir.R. 36-3

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