United States v. Marvin Maxey

962 F.2d 15 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Marvin MAXEY, Defendant-Appellant. No. 90-10635. United States Court of Appeals, Ninth Circuit. Submitted March 30, 1992. * Decided April 23, 1992. Before KILKENNY, GOODWIN and FERGUSON, Circuit Judges. MEMORANDUM ** Marvin Maxey appeals his conviction and sentence as a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). Maxey contends: (1) the evidence was insufficient to support his conviction; and (2) the district court erred by increasing his offense level for obstruction of justice pursuant to United States Sentencing Guidelines § 3C1.1. We affirm. I. EVIDENCE 1 The government presented abundant evidence through arresting officers to prove that Maxey constructively possessed the firearm found under his car seat after he exited the vehicle. United States v. Shirley, 884 F.2d 1130, 1134 (9th Cir.1989); United States v. Castillo,…