United States v. Rodney Earl Morgan

988 F.2d 124 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rodney Earl MORGAN, Defendant-Appellant. No. 91-50283. United States Court of Appeals, Ninth Circuit. Submitted March 5, 1993. * Decided March 9, 1993. Appeal from the United States District Court for the Central District of California; No. CR-90-0652-SVW-13, Stephen V. Wilson, District Judge, Presiding. C.D.Cal. AFFIRMED. Before JAMES R. BROWNING, HUG and KOZINSKI, Circuit Judges. 1 The district court properly applied the provision in U.S.S.G. § 2D1.1(b)(1) for a two-level enhancement for possession of a firearm during a drug offense. Wire taps showed that Morgan arranged drug sales by telephone from his apartment, but Morgan argues there was no evidence he possessed the guns at the time of those calls. In determining whether the firearm possession took place "during the commission of the offense," the court may consider "all of the offense conduct, not just…