Khera

United States v. Khera

Good Law
231 F. App'x 604
United States Court of Appeals for the Ninth CircuitMay 2, 2007No. 06-10102California433 words

Opinion

Lead Opinion

MEMORANDUM **

Khamaljit Singh Khera appeals from the 30-year sentence imposed by the district court following his conviction in a jury trial for a drug conspiracy. We affirm.

First, Khera challenges the district court’s application of the gun enhancement listed in U.S.S.G. § 201.1(b)(2). The enhancement will not be applied if it is “clearly improbable that the weapon was connected with the offense.” United States v. Lopez-Sandoval, 146 F.3d 712, 714 (9th Cir.1998) (quoting U.S.S.G. § 2D1.1, cmt. n. 3). Khera failed to establish that it was “clearly improbable” that the gun was connected to the drug conspiracy.

Second, Khera claims the district court erroneously determined that Khera was ineligible for the U.S.S.G. § 3El.l(a) acceptance of responsibility reduction. Because Khera received an obstruction of justice enhancement, and because the district court did not clearly err in concluding that Khera failed to sufficiently accept responsibility, we reject Khera’s claim. See U.S.S.G. § 3E1.1, cmt. n. 4 (addressing effect of an obstruction of justice enhancement); United States v. Cantrell, 433 F.3d 1269, 1279 (9th Cir.2006) (reviewing acceptance of responsibility determination…

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