United States v. Maquel Sarbia, AKA Jesus Vizcarra

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC AND AMENDED OPINION

ORDER

This court’s opinion, filed March 22, 2004, is amended as follows:

are deleted.

The following two paragraphs shall be inserted on slip op. 3523 and substituted for the deleted text.

With these amendments, the panel has voted to deny the petition for rehearing. Judge W. Fletcher has voted to deny the petition for rehearing en banc. Judges Hug and Alarcon so recommend.

The full court has been advised of the petition for rehearing en banc. No judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing and the petition for rehearing en banc are DENIED.

OPINION

Maquel Sarbia appeals from the sixty-three-month sentence imposed in this matter following his conviction for possession of a firearm by a felon in violation of 18 U.S.C. § 922 (g)(1). The district court adjusted Mr. Sarbia’s sentence upward pursuant to section 2K2.1(a)(4)(A) of the United States Sentencing Guidelines Manual (“USSG”). Mr. Sarbia claims that the district court erred in determining that his prior 1994 Nevada state court conviction of…