United States v. James A. Berger

57 F.3d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James A. BERGER, Defendant-Appellant. No. 94-50070. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 2, 1995. Decided June 14, 1995. IN PART, VACATED IN PART, REMANDED. Before: FLETCHER, BRUNETTI and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 James Berger, Jr., appeals his convictions for drug trafficking and use of a firearm during the commission of a narcotics crime, and his sentences for the drug convictions. We have jurisdiction under 18 U.S.C. Sec. 3742 (a) and 28 U.S.C. Sec. 1291 . We affirm Berger's drug convictions and one of his firearms convictions, vacate the other firearms conviction, and remand for resentencing. BACKGROUND 3 Berger was convicted by a jury of one count of conspiracy to distribute and to possess with intent to distribute cocaine base, in violation of 21 U.S.C. Sec. 841 (a)(1); one count of distribution of…