United States v. Alfred Gutierrez Espinoza, AKA Alfred Espinoza

990 F.2d 1262 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alfred Gutierrez ESPINOZA, aka Alfred Espinoza, Defendant-Appellant. No. 92-50152. United States Court of Appeals, Ninth Circuit. Submitted Feb. 2, 1993. * Decided March 31, 1993. Before WALLACE, Chief Judge, and SNEED and HALL, Circuit Judges. MEMORANDUM 1 Espinoza appeals from the sentence he received subsequent to his conviction for unarmed bank robbery, in violation of 18 U.S.C. § 2113 (a). Espinoza was sentenced as a career criminal offender pursuant to section 4B1.1 of the United States Sentencing Guidelines (Guidelines). He argues that his Sixth Amendment right to confront and cross-examine witnesses was violated when the district court refused at the sentencing hearing to entertain testimony regarding his prior convictions. He also argues that the court erred by relying on his 1974 conviction for second degree murder as a predicate offense in…