United States v. Larry Tarrer, II

MEMORANDUM

Larry E. Tarrer, II, appeals his sentence of 120 months’ imprisonment, imposed following his guilty plea to four counts of drug-related charges. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

At sentencing, the district court determined, after an evidentiary hearing, that the two-level upward adjustment under United States Sentencing Guidelines Manual (“USSG”) § 2Dl.l(b)(l) for possession of a firearm was applicable and that Tarrer was ineligible for safety valve relief under USSG § 5C1.2 because Tarrer possessed a firearm in connection with the offense.

We conclude that the district court did not clearly err in finding that Tarrer possessed a firearm during the commission of the offense, for the purposes of § 2Dl.l(b)(l). See United States v. Lopez-Sandoval, 146 F.3d 712, 714 (9th Cir. 1998). Tarrer’s friend testified that she found the weapon at issue in a drawer she allowed Tarrer to use for his personal belongings. Once possession was shown, the burden shifted to Tarrer, who failed to demonstrate “that it [wa]s ‘clearly improbable’ ” that his possession of the weapon was “in connection with the offense.” See United States…