United States v. Raul Olquin Montalvo

12 F.3d 1110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Raul Olquin MONTALVO, Defendant-Appellant. No. 92-30300. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 31, 1993. Decided Nov. 18, 1993. Before: WALLACE, Chief Judge, BOOCHEVER, and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 Raul Olquin Montalvo appeals his sentence of 27 months following his plea of guilty to five counts of firearm violations. He claims that the district court erred by not grouping together all five counts under the Sentencing Guidelines. We affirm. I. BACKGROUND 3 The indictment charged Montalvo, a convicted rapist, with one count of being a felon in possession of a Winchester shotgun in violation of 18 U.S.C. Secs. 922 (g)(1) and 924(a)(2) (1988); two counts of being a felon in possession of a "KK" brand shotgun in violation of the same statutes as above; one count of making a false statement in the acquisition of the…