U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Lee Mitchell

U.S. Court of Appeals for the Ninth Circuit · Decided March 15, 2011 · Farris, Leavy, Bybee

421 F. App'x 743

Counsel

Eric Johnson, Esquire, Assistant U.S. Attorney, Robert Lawrence Ellman, Esquire, Assistant U.S. Attorney, Adam McMeen Flake, Assistant U.S. Attorney, Office of the U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee., Michael V. Cristalli, Cristalli & Saggese, Las Vegas, NV, for Defendant-Appellant.

Opinion

MEMORANDUM **

Lee Mitchell appeals from the 84-month sentence imposed following his guilty-plea conviction for being a felon in possession of *744 a firearm, in violation of 18 U.S.C. § 922(g)(1). We dismiss Mitchell’s appeal.

Mitchell contends that the district court erred in calculating the Guidelines range by applying the 4-level enhancement under U.S.S.G. § 2K2.1(b)(6) for use of a firearm in connection with another felony offense. We are precluded from reaching the merits of Mitchell’s claim by a valid appeal waiver. See United States v. Nunez, 228 F.3d 956, 958-59 (9th Cir. 2000).

DISMISSED.

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

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