United States v. Kurt Kashiwabara

Good Law
993 F.2d 885·1993 WL 148094·1993 U.S. App. LEXIS 18463
United States Court of Appeals for the Ninth CircuitMay 10, 199392-10358California874 words

Opinion

Opinion

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kurt KASHIWABARA, Defendant-Appellant. No. 92-10358. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1993. * Decided May 10, 1993. Before: GOODWIN, TANG, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Kashiwabara, convicted of various drug-related crimes, was sentenced to eighty-seven months in prison. This sentence included a two-level enhancement of his base offense level under United States Sentencing Guideline ("U.S.S.G.") § 2D1.1(b)(1) for possession of a "dangerous weapon." He contends, on appeal, that the term "dangerous weapon" as used in § 2D1.1(b)(1) is unconstitutionally vague. We affirm. 3 The FBI, in the course of executing a valid search warrant, seized a black leather bag which contained illegal drugs, drug transaction records, drug paraphernalia, a loaded semi-automatic pistol, and a butterfly knife. A butterfly knife has a…

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