United States v. Serge Brato

978 F.2d 716 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Serge BRATO, Defendant-Appellant. No. 91-50361. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 9, 1992. Decided Nov. 3, 1992. Before FLETCHER, O'SCANNLAIN and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Serge Brato was convicted of possessing a sawed-off shotgun in violation of 26 U.S.C. § 5861 (d), and of possessing a firearm with an obliterated serial number in violation of 26 U.S.C. § 5861 (h). We affirm. 3 I. Facts. 4 In November of 1990, the Los Angeles police were informed that an individual named Serge was selling marijuana from his business, Road and Track. They began watching Brato, and saw him do things indicative of drug dealing. For instance, he helped a known drug dealer, who was driving in a counter-surveillance manner, deliver something contained in an athletic bag. They also saw Brato show an assault rifle with a…