United States v. Constantino Mierss-Vasquez

983 F.2d 1079 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Constantino MIERSS-VASQUEZ, Defendant-Appellant. No. 90-30023. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1992. Decided Jan. 13, 1993. Before WALLACE, Chief Judge, and EUGENE A. WRIGHT and LEAVY, Circuit Judges. MEMORANDUM 1 Mierss-Vasquez appeals from his judgment of conviction upon a guilty plea to conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 . The district court had jurisdiction pursuant to 18 U.S.C. § 3231 , and our jurisdiction is under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm. 2 Mierss first contends that the district court erred by adjusting his offense level upward for possession of a firearm during the commission of a narcotics offense, pursuant to U.S.S.G. § 2D1.1(b)(1). We review the district court's finding that Mierss possessed a firearm during the commission of a…