U.S. v. AICHELE

No. 89-10547.

912 F.2d 1170 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Lee AICHELE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1990.

As Amended October 25, 1990.


Attorney(s) appearing for the Case

Dennis S. Waks, Assistant Federal Public Defender, Sacramento, Cal., for defendant-appellant.

John K. Vincent, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before GOODWIN, Chief Judge, SNEED and NOONAN, Circuit Judges.


NOONAN, Circuit Judge:

Harold Lee Aichele appeals his conviction of manufacturing methamphetamine in violation of 21 U.S.C. § 841(a)(1). The appeal presents a narrow issue, whether a reckless driving conviction is a "minor traffic infraction" for purposes of determining a defendant's criminal history. Affirming the district court, we hold that it is not.

PROCEEDINGS

On July 20, 1989 Aichele, pursuant to a plea agreement, pleaded guilty...

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