United States v. Wesley Lloyd Nakagawa

ORDER

The memorandum filed on October 16, 1990, 916 F.2d 716 , is redesignated as an authored opinion by Judge Canby.

OPINION

Wesley Lloyd Nakagawa appeals from a judgment of the district court sentencing him to fourteen years in prison for drug, firearm and tax offenses. He alleges various errors under the federal sentencing guidelines. We affirm the judgment.

I

Federal and state agents executed a search warrant at Nakagawa’s home in February 1989. They located Nakagawa in one of the bedrooms with 8 grams of methamphetamine and a loaded .25 caliber semiautomatic handgun; elsewhere in the house, they discovered financial records and 17 additional firearms, including two that were fully automatic.

In June 1989, Nakagawa pled guilty to all three counts in a government information: (I) possession of, with intent to distribute, less than 10 grams of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1); (II) possession of a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924 (c); (III) failure to file a federal income tax return, in violation of 26 U.S.C. § 7203 . The plea agreement also provided that Nakagawa would cooperate with the…