United States v. Roberto Hi-Locortois , 61 F. App'x 320 ( 2003 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 02-3580
    ___________
    United States of America,            *
    *
    Appellee,                *
    * Appeal from the United States
    v.                              * District Court for the Western
    * District of Missouri.
    Roberto Hi-Locortois, also known as  *
    Robert Garcia-Garcia,                * [UNPUBLISHED]
    *
    Appellant.               *
    ___________
    Submitted: April 17, 2003
    Filed: April 24, 2003
    ___________
    Before MELLOY, FAGG, and SMITH, Circuit Judges.
    ___________
    PER CURIAM.
    Roberto Hi-Locortois pleaded guilty to illegally reentering this country after
    deportation following an aggravated-felony conviction, in violation of 
    8 U.S.C. § 1326
    (a) and (b)(2), and was sentenced to 57 months imprisonment and 3 years
    supervised release. On appeal, he argues that the district court1 erred in finding two
    prior sentences--one for a state drug conviction and one for a federal illegal-reentry
    conviction--were not related for criminal-history purposes under U.S.S.G.
    1
    The Honorable Dean Whipple, Chief Judge, United States District Court for
    the Western District of Missouri.
    § 4A1.2(a)(2). Hi-Locortois asserts the cases were consolidated for sentencing, see
    U.S.S.G. § 4A1.2, comment. (n.3), because the plea agreements for the two offenses
    were inextricably linked.
    The district court did not err in considering the sentences to be unrelated, and
    thus counting them separately in computing Hi-Locortois’s criminal history. There
    was no formal order of consolidation, and the proceedings occurred in different courts
    having separate jurisdictions. See United States v. Nicholson, 
    231 F.3d 445
    , 455-56
    (8th Cir. 2000), cert. denied, 
    532 U.S. 912
     (2001); United States v. Watson, 
    952 F.2d 982
    , 990-91 (8th Cir. 1991).
    Accordingly, we affirm.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 02-3580

Citation Numbers: 61 F. App'x 320

Filed Date: 4/24/2003

Precedential Status: Non-Precedential

Modified Date: 1/12/2023