United States v. Edgar Maldonado

47 F.3d 1177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edgar MALDONADO, Defendant-Appellant. No. 94-50160. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 24, 1995. Before: SCHROEDER, CANBY and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Edgar Maldonado appeals the sentence of 135 months imposed following his plea of guilty to possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). Maldonado claims the district court erred by sentencing him on the basis of cocaine seized from his codefendant's garage as well as cocaine seized from a van he drove. We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. 3 "The government must prove facts relevant for sentencing by a preponderance of the evidence." United States v. Mun, 928 F.2d 323, 324 (9th Cir.1991) (citation omitted). We review for clear error a district court's factual determinations at…