United States v. Brandon Britton Van Leer

978 F.2d 717 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Brandon Britton VAN LEER, Defendant-Appellant. No. 92-30073. United States Court of Appeals, Ninth Circuit. Submitted Oct. 13, 1992. * Decided Oct. 16, 1992. Before BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Brandon Britton Van Leer appeals his sentence under the United States Sentencing Guidelines following his guilty plea to maintaining a drug establishment in violation of 21 U.S.C. § 856 . Van Leer contends that the district court erred by enhancing his offense level for possession of a firearm, pursuant to U.S.S.G. § 2D1.8(b)(1). We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We review de novo application of the Sentencing Guidelines. United States v. Stewart, 926 F.2d 899, 900 (9th Cir.1991). We review a district court's conclusion that a defendant possessed a firearm during the commission of an…