UNITED STATES of America, Plaintiff-Appellee, v. Charles WILLETT, Defendant-Appellant

Good Law
90 F.3d 404·1996 WL 411454·1996 U.S. App. LEXIS 18249·96 Cal. Daily Op. Serv. 5458
United States Court of Appeals for the Ninth CircuitJuly 24, 199695-10234California2,294 words

Opinion

Opinion

Nelson, J.

Appellant Charles Willett appeals the 156-month prison sentence imposed on him by the district court. He contends that the court erroneously added a two-level enhancement to his base offense level for the possession of a dangerous weapon (a knife and a silencer) in addition to the five-year consecutive prison sentence it imposed for possession of a firearm (a .22 caliber semiautomatic pistol). He also argues that under the Supreme Court’s recent decision, Bailey v. United States, — U.S.-, 116 S.Ct. 501 , 133 L.Ed.2d 472 (1995), his guilty plea and conviction are no longer valid. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On September 13, 1994, Willett was stopped by military police as he was driving in a Jeep Cherokee near the restricted area of Schofield Military Barracks, in Honolulu, Hawaii. The officer questioned him about his presence in the area. Willett answered that he was talking to the passenger in the car, a 17-year-old woman. The officer then asked and received permission to look inside the Jeep. The officer saw in plain view a knife with a black sheath near the driver’s seat. Willett told the officer that the knife was for self-protection. He also told the officer…

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