Unpublished Disposition, 869 F.2d 1499 (9th Cir. 1989)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


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