United States v. Michael W. Lester

Good Law
1 F.3d 1247·1993 WL 299413·1993 U.S. App. LEXIS 26567
United States Court of Appeals for the Ninth CircuitAugust 3, 199392-30355California838 words

Opinion

Opinion

1 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael W. LESTER, Defendant-Appellant. No. 92-30355. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 16, 1993. Decided Aug. 3, 1993. MEMORANDUM * Before CANBY, WIGGINS and T.G. NELSON, Circuit Judges. 1 Defendant Michael Lester appeals the sentence that the district court imposed following his conviction, under 18 U.S.C. Sec. 933 (g)(1), for illegal possession of a firearm. According to Lester: (1) the district court erred in increasing his offense level by four points pursuant to sentencing guidelines section 2K2.1(b)(5) because it failed to find any specific felony offense in connection with which Lester used the firearm; (2) the district court failed to make the requisite findings that Lester was not entitled to a downward departure; and (3) in determining that Lester's sentence should be enhanced pursuant to sentencing guidelines…

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