United States v. Johnny Harris, Jr.

56 F.3d 74 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Johnny HARRIS, Jr., Defendant-Appellant. No. 94-50457. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 1, 1995. Decided May 24, 1995. 1 Before: BEEZER and TROTT, Circuit Judges, and BURNS, Senior District Judge. * 2 MEMORANDUM ** 3 Defendant Harris appeals his conviction and sentence. Harris asserts the district court erred when it denied his motion for judgment on acquittal pursuant to Fed. R. Crim. P. 29 because no sufficient basis existed for the jury to convict him. Harris also asserts the district court erred when it permitted prejudicial testimony relating to Harris's gang affiliation. Harris further contends the district court incorrectly applied the guidelines when it imposed a five-level enhancement under U.S.S.G. Sec. 2B3.1(b)(2)(C) for brandishing, displaying, or possessing a firearm. 4 On January 27, 1994, Harris was convicted by a…