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UNITED STATES of America, Plaintiff-Appellee, v. Roger BENSON, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2010-01-26No. No. 09-30166
363 F. App'x 483

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Opinion

majority 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 undischarged 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.