United States v. Mario Novoa Rosales

979 F.2d 857 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mario Novoa ROSALES, Defendant-Appellant. No. 91-50701. United States Court of Appeals, Ninth Circuit. Submitted Nov. 3, 1992. * Decided Nov. 17, 1992. Before D.W. NELSON, CYNTHIA HOLCOMB HALL and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Mario Novoa Rosales appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) and for possession of an unregistered firearm in violation of 26 U.S.C. § 5861 (d). Rosales also appeals the district court's enhancement of his sentence resulting from the court's classification of Rosales as a career offender pursuant to U.S.S.G. § 4B1.1. We have jurisdiction under 28 U.S.C. § 1291 and we affirm Rosales' conviction, but vacate his sentence and remand for resentencing. 3 * Rosales argues that there is insufficient evidence to support his convictions under 18 U.S.C.…