Dominguez
United States v. Dominguez
Opinion
Lead Opinion
MEMORANDUM ***
Appellant Dion Paul Dominguez (Dominguez) appeals the sentence imposed following his guilty plea for violation of 18 U.S.C. § 922 (g) as a felon in possession of a firearm.
1. We review the constitutionality of a sentence de novo. See United States v. Barajas-Avalos, 377 F.3d 1040, 1060 (9th Cir.2004), as amended. The district court committed no error by applying the enhancement provided for in United States Sentencing Guidelines § 2K2.1(b)(4). Application of the “stolen weapon” enhancement does not require proof of mens rea. See United States v. Goodell, 990 F.2d 497, 498-99 (9th Cir.1993); see also United States v. Gonzalez, 262 F.3d 867, 870 *155 (9th Cir.2001) (addressing a similar enhancement for use of a minor in commission of an offense); United States v. Lavender, 224 F.3d 939, 941 (9th Cir.2000) (confirming that no showing of intent to use a dangerous weapon as such is required before applying a “dangerous weapon” enhancement). Contrary to Dominguez’s assertion, nothing in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), lessens the precedential effect of these cases.
2. We review Dominguez’s overall sentence for…