United States v. John Robert Powell

Good Law
6 F.3d 611·93 Daily Journal DAR 12202·1993 WL 371837·1993 U.S. App. LEXIS 24526·93 Cal. Daily Op. Serv. 7157
United States Court of Appeals for the Ninth CircuitSeptember 24, 199392-30274California1,396 words

Opinion

Opinion

Nelson, J.

I

OVERVIEW

John Robert Powell (Powell) appeals the sentence imposed as a result of his guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g). He contends that the district court erred in applying the official victim enhancement which added three points to his base offense level. Because we conclude that the district court correctly applied the official victim enhancement, we affirm.

II

FACTS AND PROCEDURAL HISTORY

On July 24, 1991, Officer DePretto (De-Pretto), a Washington State Patrol officer, and his partner were investigating a lead on a stolen vehicle. When they pulled into a driveway behind a green station wagon, De-Pretto identified himself as a police officer to the driver, Powell, and his passenger. Because Powell was extremely nervous and evasive, and because DePretto felt Powell may have wanted to talk to him about the stolen vehicle, DePretto asked Powell to step out of the car. It was beginning to rain so DePret-to suggested that Powell bring his coat. Powell “scooped up” his coat. As DePretto approached Powell, he saw that Powell had a handgun in his right hand. Officer DePretto then screamed, “Gun!” and attacked Powell in…

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