Romero-Martinez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-10153 Plaintiff-Appellee, v.  D.C. No.

CR-04-20100-RMW

RAMON ROMERO-MARTINEZ,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Northern District of California Ronald M. Whyte, District Judge, Presiding

Argued and Submitted February 16, 2006—San Francisco, California

Filed April 25, 2006

Before: J. Clifford Wallace, Michael Daly Hawkins, and Sidney R. Thomas, Circuit Judges.

Opinion by Judge Wallace

4623 4626 UNITED STATES v. ROMERO-MARTINEZ

COUNSEL

Amanda K. Ruiz, Federal Public Defenders, San Jose, Cali- fornia, for defendant-appellant Ramon Romero-Martinez.

Merry Jean Chan, Assistant United States Attorney, Oakland, California, for the plaintiff-appellee.

OPINION

WALLACE, Senior Circuit Judge:

Romero-Martinez appeals from his sentence of fifty-four months imprisonment and three years supervised release. He challenges the imposition of a two-level sentencing enhance- ment under section 2K2.1(b)(4) of the United States Sentenc- ing Guidelines (Guidelines) for possessing a…