United States v. Luis Luciano Vera

2 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Luis Luciano VERA, Defendant-Appellant. No. 92-10629. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1993. * Decided July 8, 1993. Before CANBY, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Luis Luciano Vera appeals his 78-month sentence following entry of a guilty plea for possession with intent to distribute cocaine and aiding and abetting in violation of 21 U.S.C. Sec. 841 (a)(1) and 18 U.S.C. Sec. 2 . Vera contends that the district court erred by adjusting his base offense level upward by two levels under U.S.S.G. Sec. 3C1.2 for reckless endangerment during flight. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review de novo the district court's application of the Guidelines. United States v. Madera-Gallegos, 945 F.2d 264, 266 (9th Cir.1991). We review for clear error the district court's underlying factual…