United States v. Richard Maillett

967 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard MAILLETT, Defendant-Appellant. No. 91-10412. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 12, 1992. Decided June 25, 1992. Before GOODWIN, SCHROEDER and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 James Maillett was convicted by a jury of drug trafficking with a firearm in violation of 18 U.S.C. 924(c)(1). Prior to being charged in federal court, Maillett pleaded guilty in Nevada State Court to three methamphetamine sales. One state count, charging a fourth methamphetamine sale, was dropped pursuant to the plea agreement. Maillett's 924(c)(1) conviction was based upon that fourth methamphetamine sale. He does not dispute that he had in his possession a .32 caliber derringer when that fourth sale took place. 3 Maillett appeals claiming that the district court erred in ordering that his five year federal sentence run consecutive to…