United States v. Arthur Thomas James

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, v. Arthur Thomas JAMES, Defendant-Appellant. No. 91-30447. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1993. * Decided Jan. 15, 1993. Before D.W. NELSON, TROTT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Arthur James (James) was indicted in count one for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1), and in count two for possessing an unregistered 12 gauge sawed-off shotgun in violation of 26 U.S.C. §§ 5841 , 5861(d), and 5871. A jury convicted James on count one, but not on count two. He now appeals contending the district court erred in denying his motion to sever the counts and in increasing his base offense level by two. 3 The district court had jurisdiction under 18 U.S.C. § 3231 and we have jurisdiction over this timely appeal pursuant to 18 U.S.C. § 3742 and 28…