United States v. Richard Allen Berger

50 F.3d 16 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard Allen BERGER, Defendant-Appellant. No. 94-30128. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 13, 1995. Decided March 15, 1995. 1 Before: WRIGHT and BRUNETTI, Circuit Judges, and GONZALEZ, * District Judge. 2 MEMORANDUM ** 3 Berger and a confederate, Vales, burglarized a house. One of the items stolen was a pistol. Berger was convicted of the burglary in state court. Because he had prior state felony convictions, he was also convicted of one count of 18 U.S.C. Sec. 922 (g)(1) and sentenced to the 15-year mandatory minimum sentence required by 18 U.S.C. Sec. 924 (e). Berger appeals his conviction and sentence. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 4 I. Effect of the Restoration of Berger's Civil Rights. 5 A. Restoration of Civil Rights. 6 18 U.S.C. Sec. 922 (g)(1) makes it a federal crime for a person convicted…