United States of America, Plaintiff-Appellee/cross-Appellant v. Albert D. Capozzi, Defendant-Appellant/cross-Appellee

983 F.2d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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/Cross-Appellant, v. Albert D. CAPOZZI, Defendant-Appellant/Cross-Appellee. Nos. 91-10282, 91-10296. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 18, 1992. Decided Jan. 13, 1993. Before SCHROEDER, WILLIAM A. NORRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Albert D. Capozzi appeals his conviction, maintaining that the district court erred in refusing to sever counts and in allowing the expert testimony of a government agent. The government cross-appeals, contending that the district court erred in refusing to sentence Capozzi as a career offender under the Sentencing Guidelines. 3 * Capozzi appeals the district court's denial of his motion to sever the "felon in possession of a firearm" count from the drug counts. We consider four factors when reviewing severance determinations: 1) whether the criminal history was entered by…