United States v. Michael Stanley Austin

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Stanley AUSTIN, Defendant-Appellant. No. 94-50448. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 7, 1995. Decided June 9, 1995. Before: McKAY, * REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Mr. Michael Austin appeals his conviction and sentence under 18 U.S.C. Sec. 922 (g)(1) (felon in possession of ammunition) and 18 U.S.C. Sec. 924 (e)(1) (armed career felon sentence enhancement). Mr. Austin asserts three claims of error: (1) the district court improperly refused to instruct the jury upon the defense of justification; (2) the district court admitted evidence of other "bad acts" committed by Mr. Austin in violation of Federal Rules of Evidence 403 and 404(b); and (3) the district court wrongly concluded that Mr. Austin had committed three previous felonies within the meaning of Sec. 924(e)(1) and Taylor v. United…