United States v. Jimmy D. Sweatt

19 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jimmy D. SWEATT, Defendant-Appellant. No. 92-30397. United States Court of Appeals, Ninth Circuit. Submitted March 11, 1994. * Decided March 22, 1994. Before: HUG, HALL, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Jimmy D. Sweatt appeals his jury conviction and sentence for being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922 (g)(1). Sweatt contends that the district court erred by 1) denying his pre-trial motion for a continuance of trial to prepare his defense and 2) enhancing his sentence based on prior burglary convictions pursuant to the Armed Career Criminal Act, 18 U.S.C. Sec. 924 (e), even though his civil rights had been restored. We hold that the defendant was not prejudiced by the denial of a continuance and that the defendant was properly sentenced as a career offender. We therefore affirm. I. 3 Sweatt argues that he was denied…