United States v. Noel Barron-Rivera

Noel Barron-Rivera appeals his convictions for being an illegal alien in possession of a firearm and for being a felon in possession of a firearm on the ground that the government failed to prove beyond a reasonable doubt general criminal intent. Additionally, he appeals from his three concurrent eighteen-month sentences, claiming that the district judge erred in failing both to group all three convictions as a single offense and to reduce by two points his offense level for accepting responsibility for his crimes. Finding no errors, we affirm.

BACKGROUND

Barron-Rivera, a citizen and national of Mexico, was deported from the United States on April 11, 1989, after his arrest for possession of a firearm. He had previously been convicted of three felonies in Washington. Subsequent to his deportation, Barron-Rivera unlawfully re-entered the United States and was found living in Yakima, Washington on October 19, 1989. During a search of his residence, federal agents discovered a .32 caliber Colt pistol and ammunition under the mattress of Barron-Rivera!s bed. He was indicted for (1) being an alien unlawfully in the United States after deportation, in violation of 8 U.S.C. § 1326 ;…