Barnes

United States v. Barnes

Good Law
42 F. App'x 979
United States Court of Appeals for the Ninth CircuitAugust 16, 2002No. 01-30351California410 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Travis Shane Barnes (“Barnes”) appeals his 84-month sentence imposed following his jury trial conviction of conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841 (b)(1)(A) and 846. He asserts that the district court (1) enhanced his sentence based on insufficient evidence and (2) erred by not departing further downward. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a)(2). We affirm.

*980 I

The district court found, over Barnes’ objection, that he possessed a dangerous weapon in the course of the conspiracy, and enhanced his offense level pursuant to U.S.S.G. § 2D1.1(b)(1). Barnes argues that this finding is not supported by a preponderance of the evidence. See United States v. Medrano, 241 F.3d 740, 745 (9th Cir.), cert. denied, 533 U.S. 963 , 121 S.Ct. 2622 , 150 L.Ed.2d 775 (2001). We review the court’s evaluations of evidentiary reliability for abuse of discretion and its factual findings for clear error. United States v. Berry, 258 F.3d 971, 976-77 (9th Cir.2001).

“The [§ 2Dl.l(b)(l) ] adjustment should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected…

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