Bautista-Macias

MEMORANDUM **

Jose de Jesus Bautista-Macias (“Bautis-ta”) appeals the district court’s sentence following a conviction for one count of possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1) and (b)(l)(A)(viii). The district court sentenced Bautista to 188 months incarceration after increasing his base offense level based on a finding that he possessed a dangerous weapon during the commission of the offense. See U.S.S.G. § 2Dl.l(b)(l). Bautista contends that the district court should not have enhanced his sentence because the government failed to prove that he had possession of the weapons in question. We affirm.

The Sentencing Guidelines provide that a drug criminal’s base offense level will be increased by two levels “[i]f a dangerous weapon (including a firearm) was possessed.” U.S.S.G. § 2Dl.l(b)(l). The fact that weapons are found at the same residence as the drug operation is sufficient to prove possession. See United States v. Kyllo, 37 F.3d 526, 531 (9th Cir.1994). The government need not prove a connection between the weapon and the drug offense; merely that the defendant possessed the weapon during the commission of the…