United States v. Anthony L. Gurule

21 F.3d 1117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony L. GURULE, Defendant-Appellant. No. 93-50451. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. Decided April 11, 1994. Before: PREGERSON, O'SCANNLAIN, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Petitioner Anthony Lawrence Gurule, Sr. appeals his conviction by a jury and the sentence imposed upon him by the District Court for assault with a dangerous weapon and aiding and abetting in that assault, in violation of 18 U.S.C. Secs. 113 (c). The District Court sentenced Gurule to 60 months following his conviction by a jury. We have jurisdiction pursuant to 18 U.S.C. Sec. 3742 (a). We affirm. BACKGROUND The Incident 3 Gurule, co-defendant Ramon Duron III, and victim Paul Koonce were inmates at the United States Penitentiary at Lompoc, California on October 30, 1991. All three men were housed in the H-Unit, the segregation…