United States of America v. Jeremy Michael Pace

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JEREMY MICHAEL PACE,
Defendant - Appellant.
No. 08-30277
D.C. No. 3:08-CR-00186-KI
MEMORANDUM *
Appeal from the United States District Court
for the District of Oregon
Garr M. King, District Judge, Presiding
Submitted December 9, 2009**
Portland, Oregon
Before: FARRIS, D.W. NELSON and BERZON, Circuit Judges.
Jeremy Michael Pace (“Pace”) appeals from the sentence imposed
following his guilty-plea conviction for bank fraud in violation of 18 U.S.C. §
1344(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
DEC 22 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Pace contends that the district court erred in calculating his criminal history
category. At an earlier federal sentencing, the district court determined that two of
Pace’s state convictions were relevant conduct to the federal charge and therefore
did not assess any criminal history points for those convictions. Pace contends that
the district court is prohibited from assessing criminal history points for those state
convictions in the instant offense. The record reflects that the district court
properly counted the prior state offenses separately, and therefore there was no
error in calculating Pace’s criminal history with respect to the instant offense. See
U.S.S.G. § 4A1.2(a)(2) and cmt. n. 1; United States v. Marler, 527 F.3d 874, 878
n.1 (9th Cir. 2008).
AFFIRMED.

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