Gonzalez-Corporan

United States v. Gonzalez-Corporan

Good Law
146 F. App'x 127
United States Court of Appeals for the Ninth CircuitAugust 15, 2005No. 03-10707; D.C. No. CR-03-00176-RLHCalifornia1,763 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Ivan Gonzalez-Corporan appeals both his jury trial conviction and the sentences imposed for 1) armed bank robbery, in violation of 18 U.S.C. §§ 2113 (a) and (d), and aiding and abetting, 18 U.S.C. § 2 ; and 2) possession of a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. §§ 924 (c)(1)(A), (c)(l)(A)(i) and (c)(l)(A)(ii) and aiding and abetting, 18 U.S.C. § 2 . Specifically, Gonzalez-Corporan challenges his conviction by asserting that certain evidence and expert testimony were improperly admitted into evidence without proper notice from the government, and that the evidence on the whole was insufficient to support these convictions. As to sentencing, GonzalezCorporan contends that the district court erred in counting his prior Puerto Rican felony convictions to make him a “career offender” under the Federal Sentencing Guidelines. U.S. Sentencing Guidelines Manual § 4Bl.l(a) (2002). He also challenges his sentence under the Sixth Amendment, citing Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004).

We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We find…

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