Noriega-Valenzuela

United States v. Noriega-Valenzuela

Good Law
317 F. App'x 655
United States Court of Appeals for the Ninth CircuitMarch 5, 2009Nos. 07-10571, 07-10594California800 words

Opinion

Lead Opinion

MEMORANDUM *

Julio Cesar Ruiz and Angel Eliazar Noriega-Valenzuela (“Noriega”) were found guilty of conspiracy to manufacture and distribute methamphetamine (“meth”), in violation of 21 U.S.C. §§ 846 , 841(a)(1) and (b)(1)(B). Ruiz and Valenzuela both argue that their sentences are unreasonable when viewed in comparison with those that other co-conspirators received. Ruiz further argues that the district court erred when it applied two sentencing-level enhancements and refused to grant two reductions. We review the procedural soundness of Ruiz’s sentence for clear er *657 ror, and the substantive reasonableness of both the sentences for abuse of discretion. United States v. Gillock, 886 F.2d 220, 222 (9th Cir.1989). We affirm all aspects of the sentences.

The district court’s application of a two-level sentencing enhancement for possession of a firearm was proper under U.S.S.G. § 2D1.1(b)(1) because weapons were present in the house where the meth was being manufactured, and it is not “clearly improbable that the weapon[s were] connected with the offense.” § 2D1.1, cmt. n. 3. Moreover, because of the nature of drug manufacturing and Ruiz’s presence in the garage where there were…

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