Baker

United States v. Baker

Good Law
45 F. App'x 761
United States Court of Appeals for the Ninth CircuitSeptember 3, 2002No. 01-10581; D.C. No. CR-01-00084-RLHCalifornia683 words

Opinion

Lead Opinion

MEMORANDUM **

John William Baker appeals the sentence imposed following his guilty plea to possession of unregistered firearms, in violation of 26 U.S.C. § 5861 (d). He claims that the district court erred by finding that he is a “prohibited person” 1 within the meaning of U.S.S.G. § 2K2.1(a)(4)(B). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

At sentencing, the district court adopted the findings and recommendations of the Presentence Investigation Report (“PIR”). The PIR noted that Baker was subject to a restraining order at the time he committed the instant offense, and concluded that he was a “prohibited person” subject to a base offense level of twenty under U.S.S.G. § 2K2.1(a)(4)(B). 2 Baker did not object to *763 the PIR’s application of § 2K2.1(a)(4)(B). In fact, Baker confirmed that, aside from an objection to the PIR’s assessment of a criminal history point for a drug possession offense, there were no errors in the PIR’s application of the Sentencing Guidelines.

Because Baker failed to object below to the district court’s application of § 2K2.1(a)(4)(B), he has forfeited his right to appeal and is subject to this circuit’s discretionary plain…

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