United States v. Kenneth Paul Beaver

53 F.3d 340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth Paul BEAVER, Defendant-Appellant. No. 94-30345. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 27, 1995. Before: BROWNING, SNEED and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth Paul Beaver appeals the 235-month sentence imposed following his jury conviction for being a felon in possession of a firearm in violation of 18 U.S.C. Secs. 922 (g) and 924(e)(1). Beaver contends the district court erred, first by denying his motion to suppress evidence, and second, by refusing to grant a downward departure on the ground that his criminal history category seriously overrepresented his criminal history. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. I. Motion To Suppress Evidence 3 We review de novo a district court's conclusion that a defendant lacked standing to challenge a search and seizure.…