United States v. Dwight Bernard Fite

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dwight Bernard FITE, Defendant-Appellant. No. 92-50293. United States Court of Appeals, Ninth Circuit. Submitted April 6, 1993. Decided April 8, 1993. Before HALL, WIGGINSD and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Dwight B. Fite appeals his 188-month sentence as an armed career criminal under section 4B1.4 of the United States Sentencing Guidelines, pursuant to 18 U.S.C. § 924 (e), following his jury conviction of felon in possession of a firearm, a violation of 18 U.S.C. § 922 (g)(1). We affirm. 3 Fite contends that the district court improperly sentenced him under Sentencing Guideline section 4B1.4 because being a felon in possession of a firearm is not a "crime of violence" for purposes of applying the career offender guideline. Fite is correct that the offense of unlawful possession of a firearm by a felon is not a "crime of violence" within the…