Desomer

United States v. Desomer

Good Law
255 F. App'x 207
United States Court of Appeals for the Ninth CircuitNovember 21, 2007No. 06-10706California371 words

Opinion

Lead Opinion

MEMORANDUM **

Alan Desomer appeals his conviction and sentence for being a felon in possession in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2). In challenging his conviction, he contends that the judge erred by permitting the jury to consider documents that were not admitted into evidence. The record reflects that the district court did admit the documents and stated that they had been received. Defense counsel made no objection. See United States v. Stapleton, 494 F.2d 1269, 1270-71 (9th Cir.1974).

Desomer also contends that he was deprived of effective assistance of counsel because his lawyer did not object that the documents had not been admitted. Any objection that could have been made, however, would have been purely technical and easily cured. There was neither deficient performance nor prejudice. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

With respect to sentencing, Desomer contends that the court lacked sufficient *208 evidence to apply a base offense level of twenty and to impose three sentencing enhancements. Both documentary and testimonial evidence supported the district court’s finding that defendant possessed a…

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