United States v. Ernesto Arrollo-Ariola

104 F.3d 366 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Ernesto ARROLLO-ARIOLA, Defendant-Appellant. No. 96-30137. United States Court of Appeals, Ninth Circuit. Submitted Dec. 16, 1996. * Decided Dec. 20, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Ernesto Arrollo-Ariola appeals his sentence imposed following his guilty plea to possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Arrollo-Ariola contends that the district court erred by enhancing his base offense level for: (1) possessing a firearm during the offense; and (2) being a leader or organizer of the offense. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for clear error the district court's factual finding that Arrollo-Ariola possessed a gun and was a leader or organizer, United States v. Fagan, 996 F.2d 1009, 1016 (9th Cir.1993); United States v. Garcia, 909…