United States of America v. Roger Benson

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
AH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROGER BENSON,
Defendant - Appellant.
No. 09-30166
D.C. No. 2:08-CR-06069-LRS
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of Washington
Lonny R. Suko, Chief District Judge, Presiding
Submitted January 11, 2010**
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Roger Benson appeals from the 33-month sentence imposed following his
guilty-plea conviction for escape from custody, in violation of 18 U.S.C. § 751.
We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
FILED
JAN 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AH/Research 09-30166
Benson contends that the district court plainly erred when it failed to give
him credit for the time served on an undischarged concurrent state sentence, under
U.S.S.G. § 5G1.3(b)(1).
Benson’s contention lacks merit because the state sentence did not result
from “relevant conduct,” see U.S.S.G § 1B1.3, and was not used to increase
Benson’s base offense level. Cf. United States v. Armstead, 552 F.3d 769, 783-84
(9th Cir. 2008).
AFFIRMED.

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