Alarid

United States v. Alarid

Good Law
204 F. App'x 589
United States Court of Appeals for the Ninth CircuitOctober 26, 2006No. 05-50912California604 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Roman Alarid appeals the district court’s application of a 2-level firearms enhancement to re-sentence him to 130 months in prison following his guilty plea to one count of conspiracy to distribute methamphetamine. We affirm the sentence.

After this court remanded Alarid’s original sentence of 130 months for the district court to consider the United States Supreme Court’s decisions in Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), the district court held a new sentencing hearing and re-sentenced Alarid to 130 months in prison. 1 Alarid’s appeal argues that there was an insufficient factual basis for applying the firearms enhancement, and that he was the victim of sentence entrapment.

Guidelines § 2Dl.l(b)(l) provides for a 2-level enhancement to the base level of a drug related offense “[i]f a dangerous weapon (including a firearm) was possessed.” U.S.S.G. § 2Dl.l(b)(l) (2005). *591 “The enhancement for weapon possession reflects the increased danger of violence when drug traffickers possess weapons. The adjustment should be applied if…

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