United States v. Jose Medrano

MEMORANDUM

Jose Mario Medrano appeals the 262-month sentence imposed following his conviction pursuant to a guilty plea for conspiracy to distribute over 500 grams of methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1), 846, and using a communication facility to facilitate a drug trafficking offense in violation of 21 U.S.C. § 843 (b). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

The district court did not clearly err in finding that Medrano possessed a firearm during the commission of the offense, for purposes of increasing his offense level under U.S. Sentencing Guideline Manual § 2D1.1(b)(1). See United States v. Ortiz, 362 F.3d 1274, 1278 (9th Cir.2004). Evidence that Medrano was in charge of the transportation of these drugs supported a finding that Medrano knew of the loaded firearm located in the same hidden compartment as some of the methamphetamine he admitted to transporting.

The district court did not err in imposing a within-Guidelines sentence. Although the district court would have been permitted to depart downward from the Guidelines range if it agreed with Medra-no’s contention that the methamphetamine trafficking Guidelines are overly…