United States v. Victor M. Martinez

Victor M. Martinez appeals the imposition of a 70-month sentence of incarceration following his plea of guilty to one count of armed bank robbery. Martinez contends that the district court erroneously increased his criminal history score based upon his prior misdemeanor convictions for being “under the influence of a controlled substance” in violation of California Health and Safety Code Section 11550(a). 1 Martinez argues that these prior convictions are equivalent to convictions for “public intoxication” and should not have been counted in the computation of his criminal history score.

We…