United States v. Miller

MEMORANDUM **

Byron Wayne Miller pled guilty to one count of conspiracy to distribute over 500 grams of methamphetamine in violation of 21 U.S.C. § § 841(a)(1) and 846. Miller argues that he is entitled to re-sentencing because the district court improperly applied a two-level enhancement to his sentence for possession of a dangerous weapon under § 2Dl.l(b)(l) of the United States Sentencing Guidelines (“U.S.S.G.” or “Sentencing Guidelines”).

We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s interpretation of the Sentencing Guidelines, its application of the Sentencing Guidelines to the facts of the case for abuse of discretion, and its factual findings for clear error. United States v. Kim-brew, 406 F.3d 1149, 1151 (9th Cir.2005). We affirm the district court’s imposition of a 360-month sentence.

The district court was correct in applying a two-level sentencing enhancement for possession of a dangerous weapon because the evidence in the record demonstrates that (1) Miller possessed the firearms required by the Sentencing Guidelines and (2) it is not clearly improbable that he possessed the firearms in connection with the offense. See U.S.S.G.…