United States v. Tony Brian Middleton

2 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Tony Brian MIDDLETON, Defendant-Appellant. No. 92-30226. United States Court of Appeals, Ninth Circuit. Submitted July 16, 1993. * Decided Aug. 2, 1993. 1 Before FARRIS and THOMPSON, Circuit Judges, and HARDY, ** District Judge 2 MEMORANDUM *** 3 This is a direct appeal from a final judgment of the district court. Defendant-Appellant Tony Brian Middleton appeals from his conviction for being a felon in possession a firearm, in violation of 18 U.S.C. Sec. 922 (g). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and 18 U.S.C. Sec. 3742 (a). 4 Middleton argues that (1) his possession of a rifle was lawful under Oregon law; (2) the district court erred in refusing his proposed jury instructions; and (3) there was insufficient evidence to support the jury's finding that he possessed a revolver. Standard of Review 5 Where the issue is, as in this case, whether the…