United States v. John Franklin Pelkey

61 F.3d 914 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John Franklin PELKEY, Defendant-Appellant. No. 94-50558. United States Court of Appeals, Ninth Circuit. Submitted July 17, 1995. * Decided July 20, 1995. Before: FLETCHER, KOZINSKI, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 John Franklin Pelkey appeals his jury conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. Secs. 922 (g) (1) and 924(e). Pelkey contends for the first time on appeal that his federal conviction violated due process. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 This court may only review for plain error an issue that is raised for the first time on appeal. United States v. Dischner, 974 F.2d 1502, 1515 (9th Cir. 1992), cert. denied, 113 S. Ct. 1290 (1993). "A plain error is a highly prejudicial error affecting substantial rights." Id. We are limited to correcting actual errors which are…