Hendrickson

United States v. Hendrickson

Good Law
65 F. App'x 609
United States Court of Appeals for the Ninth CircuitMay 14, 2003No. 02-30366; D.C. No. CR-01-00119-2-RFCCalifornia399 words

Opinion

Lead Opinion

MEMORANDUM **

Conway Hendrickson appeals the 150-month sentence imposed following his guilty plea conviction for conspiracy to manufacture methamphetamine and manufacturing methamphetamine within 1000 feet of a protected area, in violation of 21 U.S.C. §§ 841 , 846 and 860. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm.

*610 Hendrickson contends that the district court erred by adjusting his sentence upward two levels for possession of a dangerous weapon because it was clearly improbable that the weapon was connected to the offense. We disagree.

Several witnesses reported that Hendrickson owned the weapon during the course of the conspiracy, two witnesses reported that Hendrickson kept the weapon on the premises of one of the methamphetamine labs, and one witness reported that Hendrickson possessed the weapon to protect the lab. Hendrickson did not rebut this evidence. Accordingly, the district court did not abuse its discretion by enhancing Hendrickson’s sentence for possession of a dangerous weapon. See U.S.S.G. § 2D1.1; United, States v. Lopez-Sandoval, 146 F.3d 712, 715 (9th Cir.1998) (affirming a firearm enhancement where the firearm…

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