Ayala

United States v. Ayala

Good Law
38 F. App'x 414
United States Court of Appeals for the Ninth CircuitMarch 18, 2002No. 99-50788; D.C. No. CR-97-01233-JSL-3California458 words

Opinion

Lead Opinion

MEMORANDUM **

Ramiro Ayala appeals his 292-month sentence, imposed after pleading guilty to a controlled substance offense under 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291 , 18 U.S.C. § 3742 , and we affirm.

Ayala first contends that the district court erred by imposing an enhancement under U.S.S.G. § 2D1.1(b)(1) based on possession of a dangerous weapon. We find this contention unpersuasive. The district court did not clearly err in its determination that a firearm was in close proximity and readily available to Ayala in a house that served as a methamphetamine laboratory, in which all inhabitants were named as co-defendants in this conspiracy. See United States v. Lopez-Sandoval, 146 F.3d 712, 715-16 (9th Cir.1998) (finding enhancement appropriate unless it is “clearly improbable” that weapon was connected to drug conspiracy).

Ayala next challenges the district court’s determination that an enhancement was warranted under U.S.S.G. § 3B1.1(b) *416 based on his supervisory role in the offense. We find this contention equally unavailing, because the district court did not clearly err by concluding that Ayala organized his co-defendants for the…

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