United States v. Gary Bogdanoff

993 F.2d 884 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gary BOGDANOFF, Defendant-Appellant. No. 91-50492. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1992. Decided May 24, 1993. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Defendant Gary Bogdanoff appeals his conviction and sentence as a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). We affirm the conviction but vacate and remand for resentencing. 3 * Gary Bogdanoff is a paranoid schizophrenic. He has taken medication for this disability for over 25 years. He has also committed and been convicted of several violent crimes. In March 1990, the police arrested Bogdanoff for being a felon in possession of a firearm. 4 The only contested issue at trial was whether Bogdanoff's mental disorder caused him to be out of touch with reality. Bogdanoff raised the defense of not guilty by…