United States v. Ruben Brown

990 F.2d 1261 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ruben BROWN, Defendant-Appellant. No. 92-30271. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 18, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Ruben Brown appeals from his sentence, imposed following a guilty plea, for possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841 (a)(1). Brown contends that the district court erred by (1) enhancing his offense level under the United States Sentencing Guidelines for possession of a firearm during commission of the offense, and (2) imposing a five-year mandatory minimum sentence pursuant to 21 U.S.C. § 841 (b)(1)(B) even though the amount of drugs he possessed was not alleged in the indictment. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 We review for clear error the district…