Slack

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 9 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-2404 D.C. No. Plaintiff - Appellee, 4:22-cr-06003-MKD-1 v.

MEMORANDUM*

TOMMIE SLACK,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Washington Mary K. Dimke, District Judge, Presiding

Submitted June 5, 2025** Seattle, Washington

Before: HAWKINS, GOULD, and BUMATAY, Circuit Judges.

Tommie Slack (“Appellant”) appeals his 108-month sentence following his

guilty plea to possession with intent to distribute fentanyl under 21 U.S.C. §

841(a)(1) and (b)(1)(B)(vi). Appellant disputes the imposition of a two-level

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). enhancement under U.S.S.G. § 2D1.1(b)(1) for possession of a firearm during

commission of the offense. Reviewing the…