Pacheco-Duarte

MEMORANDUM **

Raul Pacheco-Duarte pled guilty to conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(A)(vii) and 846, and conspiracy to launder monetary instruments in violation of 18 U.S.C. § 1956 (a)(1) and (h). He appeals from his sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Pacheco-Duarte challenges the district court’s two-level enhancement for possession of a dangerous weapon in connection with a conviction for drug trafficking under U.S.S.G. § 2D1.1. We review for clear error the district court’s finding by a preponderance of the evidence that Pacheco-Duarte possessed the gun in connection with the drug conspiracy. See United States v. Cazares, 121 F.3d 1241, 1244 (9th Cir.1997). The gun was found in PachecoDuarte’s residence, in the nightstand of a bedroom containing Pacheco-Duarte’s personal documents and clothing that would have fit him. It was not clear error to conclude that Pacheco-Duarte possessed the gun.

Pacheco-Duarte also challenges the district court’s two-level enhancement because he was a manager or supervisor of the drug trafficking organization under U.S.S.G. § 3Bl.l(c).…