Tanaka

MEMORANDUM **

Lance M. Tanaka appeals the 120-month sentence imposed following his guilty plea conviction for possession with intent to distribute crystal methamphetamine, in violation of 21 U.S.C. § 841 (a)(1), and possession of a firearm, in violation of 18 U.S.C. §§ 922 (k) and 924(a)(1). We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we affirm.

Tanaka contends on appeal that the district court abused its discretion by finding that he possessed a gun in connection with a drug offense, and thus, he was not eligi *516 ble for the safety-valve reduction under U.S.S.G. § 5C1.2. We disagree.

A defendant seeking a § 5C1.2 safety-valve reduction bears the burden of proving eligibility by a preponderance of the evidence standard. United States v. Nelson, 222 F.3d 545, 551 (9th Cir.2000). A review of the record indicates that the court relied on sufficient evidence in determining that Tanaka did not demonstrate by a preponderance of the evidence that the gun was not connected with his offense. U.S.S.G. § 5C1.2 (a)(2) (providing that a defendant is not eligible for the safety-valve reduction if he possessed a firearm in connection with the offense). The court noted that at…