Fischer

United States v. Fischer

Good Law
253 F. App'x 668
United States Court of Appeals for the Ninth CircuitNovember 5, 2007No. 06-30541California429 words

Opinion

Lead Opinion

MEMORANDUM ***

William T. Fischer appeals the 120-month sentence imposed by the district court following his guilty plea to possession of a firearm by an unlawful user and addict of a controlled substance, in violation of 18 U.S.C. § 922 (g)(3). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Fischer first argues that the district court erred in determining that his prior burglary conviction was a crime of violence under U.S.S.G. § 4B1.2(a). Fischer raised this issue for the first time during his Ameline remand proceeding. See United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc). He is barred from doing so by United States v. Combs, 470 F.3d 1294, 1297 (9th Cir.2006) (holding Ameline remand procedures leave “no room for the district judge to consider new objections to the original sentence-objections defendant could have raised the first time around, but failed to do so”).

Next, Fischer argues that the district court erred in rejecting his “entrapment by estoppel” defense to imposition of the enhancements under U.S.S.G. § 2K2.1(b)(l)(a) and § 2K2.1(b)(4). 1 We disagree. Fischer maintains that he was affirmatively misled by a local police…

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