Unpublished Disposition, 869 F.2d 1499 (9th Cir. 1989)Annotate this Case
UNITED STATES of America, Plaintiff-Appellee,v.Jose Robert GOMEZ-SOTO, Defendant-Appellant.
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.