United States v. Brian Faletogo

MEMORANDUM

Brian Brimm Faletogo (“Faletogo”) appeals his conviction, pursuant to a plea of guilty, and sentence of 78 months’ imprisonment, imposed for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1).

1. Faletogo has not demonstrated a fair and just reason for withdrawing his guilty plea. See Fed.R.Crim.P. 11(d)(2)(B). Faletogo’s post-plea suggestion that his admitted conduct may not qualify as knowing possession of a firearm, based only on “his own inaccurate interpretation of the law” does not constitute a fair and just reason for withdrawing his plea. United States v. Jones, 472 F.3d 1136, 1141 (9th Cir.2007). “To establish that a defendant acted knowingly, the prosecution ... need only prove that the defendant consciously possessed what he knew to be a firearm.” United States v. Nevils, 598 F.3d 1158, 1163 (9th Cir.2010) (internal quotation marks omitted). Faletogo admitted that his attorney explained the law and he simply had a “problem” with it.

2. Faletogo contends that the district court erred in applying a four-level sentencing enhancement under U.S.S.G. § 2K2.1 (b)(6), for using the gun in connection with an assault, because, he claims,…