Browne

MEMORANDUM **

Patrick Bouvier Browne appeals his 135-month sentence imposed following his guilty plea conviction for conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846 . We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We review de novo the district court’s interpretation of the sentencing guidelines, and we review for clear error the factual findings underlying the sentencing decision. United States v. Jordan, 256 F.3d 922, 926 (9th Cir.2001). We affirm in part, and vacate and remand in part.

Browne contends for the first time on appeal that the district court erred by not using the clear and convincing evidence standard to increase his offense level by four levels. Because the increase did not have a disproportionate effect on Browne’s sentence, the district court did not plainly err by using the preponderance of the evidence standard to weigh the evidence. See United States v. Hopper, 177 F.3d 824, 833 (9th Cir.1999) (finding that four-level increase in sentence is not an exceptional case requiring clear and convincing evidence); cf. Jordan, 256 F.3d at 930-31 (holding that the impact of a nine-level enhancement, which more than doubled…