Unpublished Disposition, 902 F.2d 42 (9th Cir. 1988)

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U.S. Court of Appeals for the Ninth Circuit - 902 F.2d 42 (9th Cir. 1988)

UNITED STATES of America, Plaintiff-Appellee,v.William H. REBEIRO, Defendant-Appellant.

No. 88-3182.

United States Court of Appeals, Ninth Circuit.

Submitted April 24, 1990.* Decided April 27, 1990.

Before TANG, NELSON and O'SCANNLAIN, Circuit Judges.


Pursuant to a conditional plea of guilty, William H. Rebeiro appeals his conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. App. Sec. 1202(a) (1). Rebeiro contends that the district court erred by denying (1) his motion to suppress a machine gun found during the search of his place of business and residence, and (2) his motion to suppress statements he made to an FBI agent in an attempt to retrieve his property. We have jurisdiction under 28 U.S.C. § 1291 and we affirm in part, and reverse and remand in part.

In an unpublished opinion and order filed March 25, 1988, the district court considered and addressed all of the issues Rebeiro raises in his appeal to this court. Based on the analysis set forth in the district court's thorough and well-reasoned opinion and order, we affirm the district court's judgment.

Finally, although not raised by Rebeiro, we reverse the $50 special assessment fee included in his sentence and remand to the district court with instructions to vacate it. See United States v. Hoyt, 888 F.2d 1257, 1258 (9th Cir. 1989); United States v. Munoz-Flores, 863 F.2d 654, 661 (9th Cir. 1988), cert. granted, 110 S. Ct. 48 (1989).



The panel unanimously finds this case suitable for disposition without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4. Therefore, we deny Rebeiro's request for oral argument


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