United States v. Randy W. Ness

979 F.2d 856 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Randy W. NESS, Defendant-Appellant. No. 91-30341. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1992. * Decided Nov. 19, 1992. Before FARRIS, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Randy W. Ness appeals his conviction and sentencing for two counts of felon-in-possession of firearms, in violation of 18 U.S.C. §§ 922 (g) and 924(a)(2) (1988), and one count of interstate transportation of stolen weapons, in violation of 18 U.S.C. §§ 922 (i) and 924(a)(2) (1988). We affirm the conviction but vacate the sentence Ness received and remand for resentencing without the application of the Career Offender provisions of U.S.S.G. § 4B1.1 (1989). 3 * Ness first argues the evidence was insufficient to prove he knew the firearms he possessed were stolen, and thus he did not "knowingly" transport stolen firearms across state…