United States v. Taatu Kaku Toluao

62 F.3d 1426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Taatu Kaku TOLUAO, Defendant-Appellant. No. 94-10387. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1995. * Decided Aug. 8, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Taatu Kaku Toluao appeals his 151-month sentence following entry of a guilty plea to conspiring to possess with intent to distribute more than 100 grams of methamphetamine. Toluao's attorney filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), in which he states no meritorious issues for appeal exist. After reviewing the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 (1988), we agree. The district court did not clearly err by adjusting the sentence for possession of firearm even if Toluao's co-conspirator owned the gun because Toluao testified he knew the gun was present in the home he shared with Rodrigues, admitted to the…