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U.S. v. MATTHEWS

No. 98-10499.

226 F.3d 1075 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. James Earl MATTHEWS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2000.

Attorney(s) appearing for the Case

Franny A. Forsman, Federal Public Defender, Paul G. Turner (argued), Assistant Federal Public Defender, Las Vegas, Nevada, for the defendant-appellant.

Kathryn E. Landreth, United States Attorney, Peter Ko (argued), Assistant United States Attorney, Las Vegas, Nevada, for the plaintiff-appellee.

Before: FLETCHER, CANBY, Jr., and O'SCANNLAIN, Circuit Judges.

Opinion by Judge B. FLETCHER; Partial Concurrence and Partial Dissent by Judge O'SCANNLAIN

B. FLETCHER, Circuit Judge:

James Earl Matthews was indicted and tried on three counts of being a felon in possession of a firearm and two counts of unlawful possession of stolen firearms. After a jury trial, he was acquitted of the latter two charges, and the district judge dismissed two of the three felon in possession of a firearm counts as multiplicitous. The Presentence...

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