United States of America, Plaintiff-appellee, v. Steven William Nelson, Defendant-appellant, 972 F.2d 1346 (9th Cir. 1992)

MEMORANDUM^** 

Steven William Nelson appeals his sentence under the United States Sentencing Guidelines ("U.S.S.G."), imposed following a guilty plea, for one count of bank robbery in violation of 18 U.S.C. § 2113(a). Nelson contends that the district court erred by counting four prior convictions separately pursuant to U.S.S.G. § 4A1.2 when calculating his criminal history score. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.

We review de novo the district court's determination that prior convictions are unrelated under U.S.S.G. § 4A1.2, while we review for clear error the underlying factual findings. United States v. Chapnick, 963 F.2d 224, 226 (9th Cir. 1992).

"Prior sentences imposed in related cases are to be treated as one sentence...." U.S.S.G. § 4A1.2; accord United States v. Bachiero, No. 90-50685, slip op. 9267, 9270 (9th Cir. August 4, 1992). " ' [P]rior sentences are considered related if they ... were consolidated for trial or sentencing.' " Bachiero, No. 90-50685, slip op. at 9270 (defendant's prior sentences were "related" where she was sentenced to identical terms by the same judge at a single hearing) (quoting U.S.S.G. § 4A1.2, comment. (n. 3)).

Here, sentencing occurred on November 27, 1991. The presentence report indicated that Nelson had been sentenced in the same court on the same day for each of the contested prior convictions (ER at 19-22). The district court, relying on United States v. Hummasti, 779 F. Supp. 1285, 1289 (D. Or. 1991) (" [p]rior sentences of imprisonment in factually unrelated cases which have not been consolidated by an action of a court and which result in separate judgment orders are not related ..."), treated Nelson's sentences as unrelated. We have recently rejected this reasoning. See Bachiero, No. 90-50685, slip op. at 9270-71; see also Chapnick, 963 F.2d at 228-29.

In light of Bachiero and Chapnick, we consider Nelson's prior offenses to have been consolidated for sentencing purposes. Therefore, we vacate Nelson's sentence and remand the case for resentencing consistent with this memorandum disposition.

VACATED AND REMANDED.