Conference Calendar UNITED STATES OF AMERICA v. Andrew Bakas

07-10431Court of Appeals for the Fifth CircuitFeb 20, 2008

Full text

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-10431
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ANDREW BAKAS
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:06-CR-110-1
Before KING, WIENER, and ELROD, Circuit Judges.
PER CURIAM:*
Andrew Bakas appeals the 30-month sentence imposed following his guilty
plea conviction for one count of passing counterfeit obligations of the United
States, in violation of 18 U.S.C. § 472.
A district court’s legal analysis at sentencing is reviewed de novo. United
States v. Olis, 429 F.3d 540, 545 (5th Cir. 2005). Bakas argues that the district
court erred in assigning him a criminal history score based on three offenses that
United States Court of Appeals
Fifth Circuit
F I L E D
February 20, 2008
Charles R. Fulbruge III
Clerk

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No. 07-10431
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did not occur until after the counterfeiting offense to which he pleaded guilty.
Bakas’s argument is foreclosed by this court’s decision in United States v. Lara,
975 F.2d 1120, 1129 (5th Cir. 1992). The controlling sequence of events is not
the order in which the crimes are committed but the order in which the
sentences are imposed. See U.S.S.G. § 4A1.2(a)(1). Bakas also argues that the
district court’s assessment of a criminal history score violates the goals of the
Sentencing Guidelines. However, he does not support his conclusional argument
with a citation to any persuasive authority.
The judgment of the district court is AFFIRMED.

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