IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50721
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARIO IGNACIO ZUNZUNEGUI,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-01-CR-158-2-DB
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February 25, 2002
Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Mario Ignacio Zunzunegui appeals the district court’s
finding that he is a “career offender” under U.S.S.G. § 4B1.1.
Zunzunegui argues that his two prior felony convictions are
“related” and should be counted as one for sentencing purposes
because they were the result of a “single common scheme or plan.”
U.S.S.G. § 4A1.2, comment. (n.3). The record reveals that
Zunzunegui’s prior convictions occurred in different districts
and involved separate drug distributions on different days
involving different cooperating individuals. See United States
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 01-50721
-2-
v. Deville, Nos. 00-30900, 00-30968 and 00-31124, 2002 WL 15513,
*6-7 (5th Cir. Jan. 7, 2002). There is no credible evidence in
the record indicating that the prior offenses were jointly
planned; nor is it evident from the record that the commission of
one offense would entail the commission of the other as well.
See United States v. Robinson, 187 F.3d 516, 520. Accordingly,
Zunzunegui’s sentence is affirmed.
AFFIRMED.