United States v. Edward Lopez, Jr., AKA Edward Junior-Lopez

8 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 LOPEZ, Jr., aka Edward Junior-Lopez, Defendant-Appellant. No. 92-50334. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 7, 1993. Submission Vacated May 27, 1993. Resubmitted July 26, 1993. Decided Oct. 6, 1993. Before: FARRIS, NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Edward Lopez, Jr. appeals his jury conviction for possession of ammunition in violation of 18 U.S.C. § 922 (g)(1) (1988). He also appeals his sentence as an armed career criminal under 18 U.S.C. § 924 (e) (1988) and as a career offender under the United States Sentencing Guidelines. We affirm the conviction but vacate the sentence and remand for resentencing. FACTS 3 Lopez was arrested on September 5, 1990, during the course of a police investigation at an apartment where drugs allegedly were being sold. Lopez's arrest followed a pat-down search of…