United States v. Todd Ray Burnside

21 F.3d 1116 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Todd Ray BURNSIDE, Defendant-Appellant. No. 93-30214. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1994. * Decided March 21, 1994. Before: HUG, HALL, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Todd Ray Burnside appeals the sentence he received after pleading guilty to one count of possession of a firearm by a felon. We affirm. 3 Normally, the district court must apply the version of the guidelines in effect on the date of sentencing. United States v. Fagan, 996 F.2d 1009, 1018 (9th Cir.1993); but see United States v. Warren, 980 F.2d 1300, 1304 (9th Cir.1992) (recognizing exception to general rule in cases where amended versions of Sentencing Guidelines are ex post facto), cert. denied, 114 S.Ct. 397 (1993). The 1992 version of the Sentencing Guidelines was in effect on May 28, 1993, when the district court sentenced Burnside, yet Burnside…