United States v. Kevin Eleby

MEMORANDUM

Appellant Kevin Eleby appeals his sentence after guilty verdicts for racketeering conspiracy in violation of 18 U.S.C. § 1962 (d); drug trafficking conspiracy in violation of 21 U.S.C. § 846 ; vicarious possession of a firearm in furtherance of a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A); and possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841 . Eleby challenges the sentencing enhancement imposed based on his prior California state conviction. This Court has jurisdiction over this direct appeal under 28 U.S.C. § 1291 . We affirm.

We review a district court’s interpretation of the Sentencing Guidelines de novo. United States v. Garcia, 497 F.3d 964, 969 (9th Cir. 2007). The district court’s application of the Guidelines is reviewed for abuse of discretion and its findings of fact are reviewed for clear error. United States v. Staten, 466 F.3d 708, 713 (9th Cir. 2006). Eleby challenges his sentence on two grounds, whether the district court appropriately enhanced his sentence after finding that his prior conviction was a felony and whether California Proposition 47 which retroactively reclassified Eleby’s prior…