United States v. Edward T. Rosen

995 F.2d 234 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edward T. ROSEN, Defendant-Appellant. No. 92-10626. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1993. * Decided May 27, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Edward T. Rosen appeals his 97-month sentence imposed following entry of guilty pleas to three counts of bank robbery in violation of 18 U.S.C. § 2113 (a). Rosen contends that the district court erred by enhancing his sentence under U.S.S.G. § 2B3.1(b)(2)(C) because the government failed to prove that he possessed a firearm, rather than a dangerous weapon, during two of the bank robberies. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 We review for clear error the district court's factual finding that Rosen possessed a firearm. See United States v. Uzelac, 921 F.2d 204, 205 (9th Cir.1990). 4 The Guidelines require a…