United States v. Anthony Alexander Alvarez

Anthony Alexander Alvarez (“Appellant”) appeals from his conviction, follow ing a jury trial, for being a felon in possession of a firearm and being an armed career criminal, and from his sentence of imprisonment imposed pursuant to the Sentencing Guidelines. We affirm.

I.

Appellant was arrested on April 6, 1989, following an altercation with the manager of the Sun Harbor Motel in San Diego, California, during which Appellant brandished and discharged a pistol. At trial a special agent for the Bureau of Alcohol, Tobacco, and Firearms testified that the pistol was an Astra Model 4000 Falcon, .32 caliber, semi-automatic pistol bearing the inscription “Garnika, Spain” on the top of the pistol. The pistol belonged to Appellant’s stepfather, Robert Brueggeman, who testified that he purchased the firearm sometime during the 1970’s and that he kept it in his residence in San Diego, California. Brueggeman identified the firearm and testified that he had reported to the police that Appellant had stolen the pistol on April 5. Prior to his April 6 arrest, Appellant had suffered at least fourteen (14) criminal convictions.

On June 22, 1989, Appellant was charged in a one-count indictment…