United States v. Myron D. Smith

87 F.3d 1325 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Myron D. SMITH, Defendant-Appellant. No. 94-30381. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 6, 1995. Decided June 4, 1996. Before: FLETCHER, KOZINSKI, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Myron D. Smith ("Smith") appeals his conviction for possession of illegal drugs in violation of 21 U.S.C. § 841 , arguing that the district court erred by permitting impeachment of a defense witness with a thirteen-year-old conviction for filing a false statement. Smith also appeals his sentence, arguing that the district court erred in adjusting his offense level upward for obstruction of justice under U.S.S.G. § 3C1.1, and for possession of a firearm in a drug-related offense under U.S.S.G. § 2D1.1(b)(1). The jury acquitted Smith of using a firearm during a drug trafficking crime under 18 U.S.C. § 924 (c)(1). 3 Smith…