United States v. Leon Michael Shields

69 F.3d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Leon Michael SHIELDS, Defendant-Appellant. No. 95-15158. United States Court of Appeals, Ninth Circuit. Submitted Oct. 24, 1995. * Decided Nov. 1, 1995. Before: BEEZER, THOMPSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Shields appeals the denial of his 28 U.S.C. Sec. 2255 motion. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm in part and remand in part. BACKGROUND 3 In 1992 the Las Vegas police received a tip from Michael Roks that Shields was storing weapons in an apartment. The police went to the apartment and found Shields as well as a rifle, a handgun and a silencer adapter. Shields was arrested and charged with five weapons violations. At trial a witness testified that after his arrest, Shields asked the witness to claim that the guns were his. Shields was convicted of one count of unlawful possession of a firearm by a felon, 26…