United States v. Richard Sherod Green

993 F.2d 885 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard Sherod GREEN, Defendant-Appellant. No. 92-50414. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 9, 1993. Decided May 21, 1993. Before FARRIS, NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Appellant Green challenges his sentence under the guidelines for being a felon in possession of firearms. See 18 U.S.C. §§ 922 (g)(1) & 924(a). Specifically, he challenges the district court's decision to apply U.S.S.G. § 2K2.1(c)(2) (Nov. 1990), which directs: 3 If the defendant used or possessed the firearm in connection with commission or attempted commission of another offense, apply § 2X1.1 (Attempt, Solicitation, or Conspiracy) in respect to that other offense, if the resulting offense level is greater than [that otherwise due for felonious possession of a firearm]. 4 The district court found that Green…