United States of America, Plaintiff-appellee, v. Victor Edward Reeves, Defendant-appellant, 39 F.3d 1190 (9th Cir. 1994)

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US Court of Appeals for the Ninth Circuit - 39 F.3d 1190 (9th Cir. 1994)

Argued and Submitted Sept. 16, 1994. Decided Nov. 2, 1994


Before: FEINBERG*  SCHROEDER and KOZINSKI, Circuit Judges.


MEMORANDUM** 

Appellant's previous state sentence was for "conduct not part of the instant offense," and was properly counted by the district court as a "prior sentence" under U.S.S.G. Sec. 4A1.2(a) (1). Appellant argues the sentence should not be treated separately because it would be considered a "related" offense under U.S.S.G. Sec. 4A1.2(a) (2), app. note 3. This argument is misplaced: The "related cases" provision of Sec. 4A1.2(a) (2) was not intended to define "conduct not a part of the instant offense," which is the only exception to considering a previous conviction a "prior sentence" under Sec. 4A1.2(a) (1). United States v. Garcia, 909 F.2d 389, 392 (9th Cir. 1990).

AFFIRMED.

 *

The Honorable Wilfred Feinberg, Senior United States Circuit Judge, United States Court of Appeals for the Second Circuit, sitting by designation

 **

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