United States v. Christopher Frushon

46 F.3d 1147 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Christopher FRUSHON, Defendant-Appellant. No. 94-10270. United States Court of Appeals, Ninth Circuit. Submitted Jan. 11, 1995. * Decided Jan. 23, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Christopher Frushon, a federal prisoner, appeals his sentence imposed by the district court after remand. Frushon was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922 (g). He contends the district court erred when upon remand it sentenced Frushon as an armed career criminal pursuant to 18 U.S.C. Sec. 924 . We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and we affirm. 3 Ordinarily, we review de novo the district court's interpretation and application of the Armed Career Criminal Act. United States v. O'Neal, 937 F.2d 1369, 1371 (9th Cir.1990). The district court's factual findings related…