Campos-Banos
United States v. Campos-Banos
Opinion
Lead Opinion
MEMORANDUM **
Ruben Campos-Banos pleaded guilty to distributing methamphetamine, 21 U.S.C. § 841 (a)(1), and being an alien in possession of a firearm, 18 U.S.C. § 922 (g)(5). He contends on appeal that the district court erred by finding that he possessed a *227 gun — a finding that increased his sentence pursuant to U.S.S.G. § 2Dl.l(b)(l) and precluded a reduction under U.S.S.G. § 2Dl.l(b)(6). We have jurisdiction pursuant to 18 U.S.C. § 3742 (a), and we affirm.
DISCUSSION
We agree with the district court that Campos-Banos possessed a gun for purposes of applying § 2D1.1(b)(1). The court found that a gun was displayed during the drug negotiations and was in the car during the drug transfer. The court found that Campos-Banos placed his hand on the gun during the negotiations — a finding supported by the undisputed evidence of Campos-Banos’s fingerprints on the gun. These findings are not clearly erroneous and support the conclusion that Campos-Banos had actual possession of a firearm. We reject Campos-Banos’s contention that the gun was not “connected with the offense” because it was allegedly not used in a threatening manner.