United States v. Richard Ryerson Bernard

Good Law
48 F.3d 427·95 Daily Journal DAR 2093·1995 WL 61928·1995 U.S. App. LEXIS 2893·95 Cal. Daily Op. Serv. 1141
United States Court of Appeals for the Ninth CircuitFebruary 16, 199594-50047California2,144 words

Opinion

Opinion

Hug, J.

Richard Ryerson Bernard appeals his two-count conviction for being a felon in possession of a firearm and ammunition, both in violation of 18 U.S.C. § 922 (g)(1), on the ground that insufficient evidence existed to support a finding of possession in either case. Bernard also contends that the district court erred by running his sentence for the above conviction consecutively to the sentence he was then serving for violating his supervised release conditions from a prior conviction. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

Bernard has several prior convictions which prevent him from lawfully possessing firearms or ammunition. In 1991, he was arrested and convicted for being a felon in possession of a firearm. After being released from prison for that conviction, Bernard was placed on supervised release on June 29, 1992. Two weeks later, Bernard tested positively for illegal drug use. Shortly thereafter, Bernard further violated his supervised release conditions by walking away from his community corrections center without authorization. The court issued a bench warrant for his arrest.

In August 1992, Bernard checked himself into the Los Angeles Veteran’s…

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