United States v. Apolonio Huerta

78 F.3d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Apolonio HUERTA, Defendant-Appellant. No. 95-30034. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1995. * Decided March 7, 1996. Before: BOOCHEVER, FERNANDEZ, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Huerta challenges the two sentencing enhancements imposed. 3 I. Gun enhancement. 4 Huerta argues that the district court erred in enhancing his sentence for possession of a firearm under U.S.S.G. § 2D1.1(b)(1). He had no narcotics in his possession when he was arrested with the gun in his waistband. He argues that there was not a preponderance of evidence that he was intending to trade narcotics for guns, especially considering that he had no narcotics with him at the alleged time and place for the trade. The district court's finding that a defendant possessed a firearm during the commission of a narcotics offense is reviewed for clear…