Calvert

MEMORANDUM **

Appellant John Calvert raises three issues on appeal. First, Appellant contends his conviction for use of a firearm in a crime of violence, 18 U.S.C. § 924 , is barred by the Double Jeopardy Clause of the Fifth Amendment. Second, Appellant argues his conviction is not supported by sufficient evidence. Finally, Appellant maintains the district court applied a four level enhancement to his sentence contrary *635 to U.S.S.G. § 2K2.4 n. 2. We have jurisdiction under 28 U.S.C. § 1291 . We affirm the judgment of conviction but vacate the sentence and remand for resentencing without the four-level enhancement.

Because the parties are familiar with the factual background, we do not recite the details here.

I.

We review the district court’s denial of a motion to dismiss on double jeopardy grounds de novo. United States v. James, 109 F.3d 597, 599 (9th Cir.1997).

The law is well-settled that the federal and state governments are separate sovereigns. See Heath v. Alabama, 474 U.S. 82, 89 , 106 S.Ct. 433 , 88 L.Ed.2d 387 (1985); M’Culloch v. Maryland, 4 Wheat. 316 , 17 U.S. 316, 326 , 4 L.Ed. 579 (1819) (noting the division of sovereignty between the state and federal…