U.S. Court of Appeals for the Ninth Circuit, 2009

United States v. Smith

United States v. Smith
U.S. Court of Appeals for the Ninth Circuit · Decided September 3, 2009 · Hawkins, Thomas, Wallace
332 F. App'x 438

United States v. Smith

Opinion of the Court

MEMORANDUM **

Ronald L. Smith appeals from the 92-month sentence imposed following his guilty-plea conviction for felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Smith contends that, at sentencing, the district court violated the separation of powers doctrine by admitting documents and calling and questioning a witness on its own initiative. The district court did not act improperly. See Fed.R.Evid. 614; see also United States v. Alfaro, 336 F.3d 876, 883-84 (9th Cir. 2003).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.