United States v. Raul Flores Medina

28 F.3d 109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Raul Flores MEDINA, Defendant-Appellant. No. 93-50811. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 21, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM *** 2 Raul Flores Medina appeals his 168-month sentence imposed following entry of a guilty plea to conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846 . Medina contends the district court erred by adjusting upward his base offense level pursuant to U.S.S.G. Sec. 2D1.1(b)(1) based upon the firearm possessed by his coconspirator during the offense. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 Under section 2D1.1(b)(1), a two-level upward adjustment in offense level is authorized if a firearm is possessed during the commission of a narcotics offense. United States v. Vargas, 933 F.2d 701, 710…