United States v. Sidney Randall Ferrell

97 F.3d 1461 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Sidney Randall FERRELL, Defendant-Appellant. No. 95-50531. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1996. * Decided Sept. 24, 1996. As Amended on Denial of Rehearing Nov. 15, 1996. 1 Before: KOZINSKI and LEAVY, Circuit Judges, and SCHWARZER, ** District Judge. 2 MEMORANDUM *** 3 Sidney Randall Ferrell appeals his conviction and sentence under the Sentencing Guidelines, imposed following his conditional guilty plea to firearm possession by a felon in violation of 18 U.S.C. § 992 (g)(1). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1294 (1), and we affirm the conviction and sentence. FACTS AND PRIOR PROCEEDINGS 4 Ferrell was driving a large panel van in Carlsbad, California, at 4:50 on the morning of May 12, 1995, when he was observed by Police Officer Preston. After Preston noticed that 1) the van's brake…