United States v. Frankie Lee Germany, United States of America v. Frankie Lee Germany

958 F.2d 379 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Frankie Lee GERMANY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Frankie Lee GERMANY, Defendant-Appellee. Nos. 89-50306, 89-50356. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 6, 1992. Decided March 18, 1992. Before POOLE, WIGGINS and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Frankie Lee Germany appeals from his conviction and sentence under 18 U.S.C. § 922 (g)(1) for being a felon in possession of a weapon. Germany argues that the district court erred in denying his motion to suppress as the police officers' search of his vehicle was an invalid inventory search. Germany also claims that the district court erred in sentencing him by departing upwards on the basis that Germany's criminal history was underrepresented. The government appeals the sentence, arguing that the district court erred in not sentencing…