United States v. Billy Flores

Billy Miranda Flores (“Flores”) was convicted on one count of conspiracy to distribute oxycodone, three counts of distribution of oxycodone, one count of possession with intent to distribute metha done, and one count of possession of a firearm in furtherance of the methadone charge. The district court sentenced Flores to 240 months imprisonment—180 months for the drug charges and 60 months for the firearm charge, imposed consecutively. Flores appeals his conviction of the gun charge and his sentence. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). In this opinion, we consider only Flores’s challenges to his sentence. In a concurrently filed memorandum disposition, we address Flores’s separate challenges to his conviction. See United States v. Flores, — Fed.Appx. -, 2013 WL 3963793 (9th Cir.2013).

Flores argues that in imposing the sentence, the district court erred in estimating the quantity of drugs attributable to the conspiracy under the United States Sentencing Guidelines, and in applying a two-level sentencing enhancement under United States Sentencing Guidelines Manual § 3B1.4 for use of a person less than eighteen years of age in the…