United States v. Gerardo Subieto-Buan

985 F.2d 576 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gerardo SUBIETO-BUAN, Defendant-Appellant. No. 92-50331. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 3, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Gerardo Subieto-Buan appeals his convictions following jury trial for three counts of being a prior felon in possession of a firearm, in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a), and eight counts of making a false statement in acquiring firearms, in violation of 18 U.S.C. §§ 922 (a)(6) and 924(a). Subieto-Buan contends that the district court erred by denying his motion for judgment of acquittal because, pursuant to 18 U.S.C. § 925 (a)(1), his status as a member of the United States Navy should have exempted him from the requirements of the statutes under which he was convicted. We have jurisdiction…