USA v. Felix Jauregui, No. 09-10475 (9th Cir. 2011)

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FILED FEB 17 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 09-10475 D.C. No. 2:07-cr-00571-GEB v. MEMORANDUM * FELIX JAUREGUI, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Felix Jauregui appeals from the low-end 168-month Guideline sentence imposed following his guilty-plea conviction for conspiracy to distribute and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). §§ 841(a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Jauregui contends that the district court erred in applying the two-level firearm enhancement under U.S.S.G. § 2D1.1(b)(1) because insufficient evidence connected the loaded gun with his possession of methamphetamine. The enhancement was appropriate because the record reflects that Jauregui possessed the firearm during the commission of the drug conspiracy. See United States v. Lopez-Sandoval, 146 F.3d 712, 715 (9th Cir. 1998). AFFIRMED. 2 09-10475

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