U.S. v. Aguilar

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Edgar Ochoa AGUILAR…

Court: United States Court of Appeals, Ninth Circuit

Date published: Sep 19, 2002

46 F. App'x 560 (9th Cir. 2002)

Opinion

46 Fed.Appx. 560 (9th Cir. 2002) UNITED STATES of America, Plaintiff-Appellee, v. Edgar Ochoa AGUILAR, Defendant-Appellant. No. 02-10058. D.C. No. CR-01-0034-ECR. United States Court of Appeals, Ninth Circuit. September 19, 2002

Submitted September 9, 2002. ^*

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Nevada, Edward C. Reed, Jr., District Judge, Presiding.

Before HUG, O'SCANNLAIN and TASHIMA, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Edgar Ochoa Aguilar appeals his 30-month sentence following a guilty plea conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(2). We have jurisdiction under 28 U.S.C. § 1291. We review de novo, United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001), and we affirm.

Aguilar contends that the district court misapplied the Sentencing Guidelines by failing to apply U.S. S.G. § 5G1.3(b) to his sentence. Upon review of the record we find no error. See United States v. Kimble, 107 F.3d 712, 714-15 (9th Cir.1997).

AFFIRMED.