United States v. Roger Benson

363 F. App'x 483

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 26, 2010
• Docket: 09-30166
• Status: Unpublished

Opinion

MEMORANDUM **

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.

Benson contends that the district court plainly erred when it failed to give him credit for the time served on an undis charged concurrent state sentence, under U.S.S.G. § 5G1.3(b)(l).

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.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.