United States v. Gary Louis Nettles

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gary Louis NETTLES, Defendant-Appellant. No. 91-50082. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 4, 1991. Withdrawn from Submission Dec. 6, 1991. Resubmitted June 22, 1992. Decided June 24, 1992. Before PREGERSON, CANBY and RYMER, Circuit Judges. MEMORANDUM 1 Gary Louis Nettles appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Nettles also challenges the sentence imposed for that conviction. We affirm the conviction, but vacate the sentence and remand for resentencing. BACKGROUND 2 This case arises out of Nettles' visit to a crack house in January 1989. Nettles had gone there to find a woman who owed him money for a previous drug deal. When the two met, they began to argue. During the argument, Nettles picked up a 20-gauge shotgun and "caused it to fire into the wall."…