United States v. Tony Biddles

21 F.3d 1116 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Tony BIDDLES, Defendant-Appellant. No. 93-30319. United States Court of Appeals, Ninth Circuit. Submitted Feb. 24, 1994. * Decided March 21, 1994. Before: WRIGHT, THOMPSON and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 On remand from our prior decision, United States v. Parker, Nos. 92-30144/30150/30173 (9th Cir. April 19, 1993), Judge Tanner made a two-level upward adjustment to Tony Biddles' base offense level for possessing a firearm while committing the offense to which he pleaded guilty. 1 U.S.S.G. Sec. 2D1.1(b)(1). Biddles timely appeals the upward adjustment. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. 3 The presentence report recommended an upward adjustment, because a loaded .22 caliber pistol was found in the apartment where Biddles and his codefendants were arrested. The increase is appropriate if the defendant actually possessed,…