Sanchez-Cruz

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 10 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1528 D.C. No. Plaintiff - Appellee, 2:18-cr-00171-TLN-1 v.

MEMORANDUM*

FIDEL SANCHEZ-CRUZ,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of California Troy L. Nunley, District Judge, Presiding

Argued and Submitted September 11, 2024 San Francisco, California

Before: BYBEE and MENDOZA, Circuit Judges, and M. FITZGERALD, District Judge.** Partial dissent by Judge MENDOZA.

Fidel Sanchez-Cruz challenges two sentencing enhancements applied by the

district judge at his sentencing. We review a district court’s application of the

Sentencing Guidelines to the facts of a given case for abuse of discretion, and its

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Michael W. Fitzgerald, United States District Judge for the Central District of California, sitting by designation. 1 factual findings…