United States v. Alfred Robert Smith

39 F.3d 1190 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alfred Robert SMITH, Defendant-Appellant. No. 94-30113. United States Court of Appeals, Ninth Circuit. Submitted Oct. 17, 1994. * Decided Oct. 27, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Alfred Robert Smith appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922 (g). Smith challenges his sentence enhancement for being an armed career criminal pursuant to U.S.S.G. Sec. 4B1.4, contending that the district court's finding that he possessed the firearm "in connection with a controlled substance offense" (U.S.S.G. Sec. 4B1.4(c)(2)) was erroneous. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 The district court's finding that Smith possessed the firearm in connection with a controlled substance offense is a…