United States v. John Paul Boyd

967 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. John Paul BOYD, Defendant-Appellant. No. 91-10327. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1992. * Decided June 29, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 John Paul Boyd appeals his sentence under the United States Sentencing Guidelines ("Guidelines"), imposed following conviction on a guilty plea, for conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(D), and 846. Boyd contends that the district court clearly erred by applying a two-level upward adjustment to his offense level based on a co-conspirator's possession of a firearm during the drug offense pursuant to U.S.S.G. §§ 1B1.3(a)(1) and 2D1.1(b)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review for clear error the district court's…