United States v. Tomas Huerta

70 F.3d 1281 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Tomas HUERTA, Defendant-Appellant. No. 95-30036. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1995. * Decided Nov. 21, 1995. Before: BOOCHEVER, FERNANDEZ, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Tomas Huerta (hereinafter "Tomas," to distinguish him from codefendants) appeals his sentence. The district court imposed the two level enhancement pursuant to U.S.S.G. Sec. 2D1.1(b)(1). We review for clear error. U.S. v. Garcia, 909 F.2d 1346, 1349 (9th Cir.1990). We affirm. 3 The guideline generally requires the two level enhancement "[i]f a dangerous weapon (including a firearm) was possessed...." U.S.S.G. Sec. 2D1.1(b)(1). The Sentencing Commission provided for the enhancement because there is "increased danger of violence when drug traffickers possess weapons." In keeping with this purpose, the adjustment applies if a gun was "present,…