United States v. Gary Steven Winkler

Good Law
2 F.3d 1159·1993 WL 244866·1993 U.S. App. LEXIS 28165
United States Court of Appeals for the Ninth CircuitJuly 7, 199392-30464California942 words

Opinion

Opinion

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gary Steven WINKLER, Defendant-Appellant. No. 92-30464. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided July 7, 1993. Before CANBY, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Gary Steven Winkler appeals his 66-month sentence following entry of guilty pleas for possession with intent to distribute marijuana in violation of 21 U.S.C. Sec. 841 (a)(1), (b)(1)(D), being a felon in possession of firearms in violation of 18 U.S.C. Sec. 922 (g)(1), and currency structuring in violation of 31 U.S.C. Sec. 5324 (a)(3). Winkler contends the district court erred by adjusting his offense level under U.S.S.G. Sec. 2K2.1(b)(5) because there was insufficient evidence that he possessed a firearm in connection with another felony offense. Alternatively, he contends the court improperly relied on hearsay evidence at sentencing. We…

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