George

United States v. George

Good Law
44 F. App'x 252
United States Court of Appeals for the Ninth CircuitAugust 15, 2002No. 01-30138; D.C. No. CR-00-00142-ALHCalifornia275 words

Opinion

Lead Opinion

MEMORANDUM **

John Clifford George challenges the district court’s application of a two-level sentencing enhancement for possession of a dangerous weapon. See USSG § 2Dl.l(b)(l). 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

George argues that the government failed to carry its burden of establishing possession of the weapon. See United States v. Nelson, 222 F.3d 545 , 550-51 & n. 3 (9th Cir.2000). However, George admits that the gun belonged to him, and the gun was found in his house in the same basement where he was cultivating marijuana. See United States v. Kyllo, 37 F.3d 526, 531 (9th Cir.1994); United States v. Gillock, 886 F.2d 220, 223 (9th Cir.1989). Moreover, the district court discredited the testimony of his common law wife that she had hidden the gun from George years *253 prior, and such credibility determinations are entitled to deference on appeal. See 18 U.S.C. § 3742 (e); United States v. Andra, 218 F.3d 1106, 1107 (9th Cir.2000). Under these circumstances, we cannot conclude that the district court erred. See United States v. Parrilla, 114 F.3d 124, 126 (9th Cir.1997).

Similarly, we conclude that the district court did not abuse its…

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