United States v. Jose Manuel Tovar-Larios

996 F.2d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Manuel TOVAR-LARIOS, Defendant-Appellant. No. 92-30433. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided July 2, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jose Manuel Tovar-Larios appeals his sentence of 27 months, imposed following his conviction by guilty plea, for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1). Tovar-Larios claims the district court erred by increasing his sentence under U.S.S.G. 2D1.1(d)(1) because a firearm was present during the commission of the drug offense. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the district court's application of the Sentencing Guidelines. United States v. Restrepo, 884 F.2d 1294, 1295 (9th Cir.1989). We review for clear error the district court's finding…