Michaud

United States v. Michaud

Good Law
220 F. App'x 617
United States Court of Appeals for the Ninth CircuitFebruary 9, 2007No. 06-30315California451 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Derek Michaud pleaded guilty to distributing methamphetamine, possessing with the intent to distribute methamphetamine, and being a felon in possession of a firearm. He filed a timely appeal challenging the district court’s sentencing decisions.

We review de novo a district court’s interpretation of the Sentencing Guidelines, and we review its underlying factual findings related to sentencing for clear error. United States v. Cantrell, 433 F.3d 1269, 1279 (9th Cir.2006). The sentence is reviewed for reasonableness. United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005).

A. U.S.S.G. § 2Dl.l(b)(l) Enhancement

U.S.S.G. § 2Dl.l(b)(l) states: “If a dangerous weapon (including a firearm) was possessed, increase by 2 levels.” The application notes explain:

Id. cmt. n. 3.

We held in United States v. Restrepo, 884 F.2d 1294, 1296 (9th Cir.1989), that “in applying § 2Dl.l(b)(l), the court need not find a connection between the firearm and the offense. If it finds that the defendant possessed the weapon during the commission of the offense, the enhancement is appropriate.” See also United States v. Willard, 919 F.2d 606, 609 (9th…

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