Opinion
No. 06-30174.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed March 1, 2007.
Stephan A. Collins, Esq., Jo Ann Farrington, Esq., Office of the U.S. Attorney, Anchorage, AK, for Plaintiff-Appellee.
Sue Ellen Tatter, Esq., Federal Public Defender's Office, Anchorage, AK, for Defendant-Appellant.
Appeal from the United States District Court for the District of Alaska, James K. Singleton, District Judge, Presiding. D.C. No. CR-05-00057-A-JKS.
Before: BEEZER, FERNANDEZ, and McKEOWN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jason Martin Delpriore appeals from his 30-month sentence imposed for being a felon in possession of a firearm and possession of a stolen firearm, in violation of 18 U.S.C. §§ 922(g)(1), 922(j), and 924(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Delpriore contends that the district court erred by failing to adjust his sentence downward pursuant to U.S.S.G. § 5G1.3(b). We disagree. Section 5G1.3(b) does not apply to Delpriore. See U.S.S.G. § 5G1.3 cmt. n. 2(A); see also United States v. Fifield, 432 F.3d 1056, 1061-63 (9th Cir. 2005), cert. denied, ___ U.S. ___, 126 S.Ct. 1937, 164 L.Ed.2d 684 (2006).