United States v. Ralph Franklin Oliverio

36 F.3d 1103 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ralph Franklin OLIVERIO, Defendant-Appellant. No. 93-10552. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 8, 1994. Decided Sept. 16, 1994. 1 Before: FLETCHER, HALL, and WIGGINS, Circuit Judges 2 MEMORANDUM * 3 Ralph Franklin Oliverio appeals his jury conviction and sentence. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. FACTS AND PRIOR PROCEEDINGS 4 On March 24, 1993, Oliverio was indicted on two counts. Count I charged possession of a firearm by a convicted felon, in violation of 18 U.S.C. Secs. 922 (g)(1) and 924(a)(2). Oliverio has a long criminal history. See Presentence Report at p 25-47. Count II charged possession of a sawed-off shotgun, in violation of 26 U.S.C. Secs. 5861 (d) and 5871. In addition to simply possessing the sawed-off shotgun between January 1992 and June 1992, Oliverio used it in an armed…