United States v. Hong Van Nguyen

MEMORANDUM **

Appellant Hong Van Nguyen appeals his sentence that was imposed after he pleaded guilty to conspiracy to distribute marijuana and possession of a firearm by a person convicted of a felony, pursuant to a plea agreement. 1 We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

A. Nguyen’s Sentencing Guideline Calculations

“This court reviews the district court’s interpretation of the Sentencing Guidelines de novo, the district court’s application of the Sentencing Guidelines to the facts of this case for abuse of discretion, and the district court’s factual findings for clear error.” United States v. Kimbrew, 406 F.3d 1149,1151 (9th Cir.2005).

1. Two-level dangerous weapon enhancement

Nguyen contends that the district court erred in applying the two-level dangerous weapon enhancement under U.S.S.G. § 2D1.1, in light of his possession of a firearm. He argues that the application of this enhancement was error because the prosecution agreed not to recommend it in his plea agreement. A stipulation and recommendation in a plea agreement does not bind the district court. U.S.S.G. § 6B1.4(d) (2006). Moreover, Nguyen acknowledged that the district court could disagree…