United States v. Hilario Chavez-Adrian

980 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Hilario CHAVEZ-ADRIAN, Defendant-Appellant. No. 92-30022. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1992. * Decided Nov. 24, 1992. Before HUG, and POOLE, Circuit Judges, and PRO, District Judge. ** MEMORANDUM *** Facts On October 7, 1989, Appellant Hilario Chavez-Adrian ("Chavez"), a convicted felon, purchased a J.C. Higgins model 60, 12 guage shotgun from Idaho Coin Galleries, a gun dealer in Twin Falls, Idaho. In conjunction with this purchase, Chavez filled out and signed an ATF Form 4473 firearm transaction record. On this form, Chavez falsely answered "no" to question number 8(b) which asked if he had ever been convicted of a felony. On December 10, 1989, while near Boise, Idaho, a police officer stopped Chavez for speeding. After being unable to produce a driver's license and failing a field sobriety test, the officer attempted to place…