United States v. Jose Moreira

979 F.2d 856 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose MOREIRA, Defendant-Appellant. No. 92-10020. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 12, 1992. Before GOODWIN, FARRIS and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Defendant Jose Amilicar Moreira appeals the 78-month sentence he received in accordance with the federal sentencing guidelines after he entered a plea of guilty to the charge of conspiracy to possess with intent to distribute a controlled substance in violation of 21 U.S.C. § 846 . Defendant challenges his sentence on two grounds: (1) the district court improperly enhanced defendant's sentence by two points because defendant possessed a firearm during commission of the drug offense; and (2) the district court improperly accepted defendant's guilty plea because it was not voluntarily and intelligently made. We affirm. I. 3 On July 5, 1990,…