United States v. Lonnie C. Pirtle

29 F.3d 636 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lonnie C. PIRTLE, Defendant-Appellant. No. 93-30376. United States Court of Appeals, Ninth Circuit. Submitted July 11, 1994. * Decided July 15, 1994. Before: GOODWIN, D.W. NELSON, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 On July 6, 1993, Lonnie Pirtle pled guilty to the making of a false statement of material fact in connection with the purchase of a firearm, in violation of 18 U.S.C. Sec. 922 (a)(6). Pirtle now appeals his sentence, arguing that the district court erred in (1) applying U.S.S.G. Sec. 2K2.1(a)(6) (regarding firearms) rather than Sec. 2F1.1 (regarding fraud) in calculating Pirtle's base offense level; (2) refusing to grant Pirtle a reduction for possession of the firearm solely for sporting purposes pursuant to U.S.S.G. Sec. 2K2.1(b)(2); and (3) including an allegedly uncounselled conviction in determining Pirtle's criminal history category. We…