United States v. Brett Combs

MEMORANDUM

Brett Combs appeals the 115-month sentence imposed following his conviction for'being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1) and 924(a)(2). We vacate his sentence and remand.

1. The district court held that Combs had actual possession of the Ruger Mini 14 semiautomatic rifle, reasoning that our previous disposition did not cover actual possession and that “a fingerprint on the weapon [is] sufficient evidence of possession.” Those conclusions do not accord with our earlier disposition, and so were impermissible under the law of the case doctrine. See Bernhardt v. L.A. Cnty., 339 F.3d 920, 924 (9th Cir.2003) (“[T]he decision of an appellate court on a legal issue must be followed in all subsequent proceedings in the same case.”) (internal quotation marks omitted).

We concluded in Combs’ previous appeal that “[t]he evidence was insufficient ... for the jury to conclude that Combs ... possessed the Ruger semiautomatic rifle.” United States v. Combs, 510 Fed.Appx. 668, 671 (9th Cir.2013). This holding did not differentiate actual from constructive possession, arid the government had argued both in its briefs.

Further, we held that “the…