Unpublished Disposition, 902 F.2d 1580 (9th Cir. 1990)

No. 89-10263.

United States Court of Appeals, Ninth Circuit.

Appeal from the United States District Court for the Eastern District of California; Edward D. Price, District Judge, Presiding.

E.D. Cal.

AFFIRMED.

Before BEEZER and KOZINSKI, Circuit Judges, and ANDREW J. KLEINFELD,^**  District Judge.

MEMORANDUM^*** 

Morales-Chavez appeals the district court's decision not to group all four counts on which he was convicted into a single group for purposes of computing his sentence. Because defendant did not raise this issue in the district court, we review for plain error. See Fed. R. Crim. P. 52(b); United States v. Bustillo, 789 F.2d 1364, 1367 (9th Cir. 1986). We find no such error here.

Sentencing Guidelines section 3D1.2 provides that " [a]ll counts involving substantially the same harm shall be grouped together into a single Group." Defendant was convicted of one count of conspiracy to create and supply false immigration documents, and of three counts of creating and supplying such documents. Under section 3D1.2, the latter three counts did not involve "substantially the same harm" because they involved different victims and separate transactions. Thus, the district court's failure to group these counts was not plain error.

AFFIRMED.