
    UNITED STATES of America, Plaintiff-Appellee, v. Roger BENSON, Defendant-Appellant.
    No. 09-30166.
    United States Court of Appeals, Ninth Circuit.
    Submitted Jan. 11, 2010.
    
    Filed Jan. 26, 2010.
    Thomas John Hanlon, Assistant U.S., Office of the U.S. Attorney, Yakima, WA, for Plaintiff-Appellee.
    Rebecca Louise Pennell, Esquire, Assistant Federal Public Defender, Federal Defenders of Eastern Washington & Idaho, Yakima, WA, for Defendant-Appellant.
    Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   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.
     