Wong

United States v. Wong

Good Law
35 F. App'x 621
United States Court of Appeals for the Ninth CircuitMay 24, 2002No. 99-10587; D.C. No. CR-99-00223-HGCalifornia422 words

Opinion

Lead Opinion

MEMORANDUM **

Randall Tetsuo Wong appeals his 63-month sentence following his guilty plea to: (1) possession with intent to distribute in excess of 50 grams of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1); and (2) possession of a firearm by an unlawful user of a controlled substance, in violation of 18 U.S.C. § 922 (g)(3). Wong challenges the district court’s grouping of these offenses based on its finding that the firearm possession was in connection with the drug offense. As a result of this finding, the district court imposed a two-level enhancement for possession of a deadly weapon under U.S.S.G. § 2Dl.l(b)(l) (requiring two-level increase if firearm was possessed) and denied a two-level decrease under U.S.S.G. § 2Dl.l(b)(6), because Wong failed to meet the requirements of U.S.S.G. § 5C1.2(a)(2). We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm.

We review de novo a district court’s decision regarding the grouping of offenses. United States v. Boos, 127 F.3d 1207, 1208 (9th Cir.1997). We review for clear error the district court’s finding that the defendant possessed a firearm during the commission of a narcotics offense. United States…

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