Fischer

United States v. Fischer

Good Law
232 F. App'x 722
United States Court of Appeals for the Ninth CircuitMay 22, 2007No. 06-30461California494 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Patrick Fischer pleaded guilty to two counts of possession of a firearm by a controlled substance addict, in violation of 18 U.S.C. § 922 (g)(3), and one count of possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1). In this timely appeal, Defendant challenges his sentence.

1. First, Defendant appeals the district court’s application of the cross-reference provision of United States Sentencing Guidelines (“U.S.S.G.”) § 2K2.1(c)(l). Section 2K2.1(c)(l) provides for an increased sentence “[i]f the defendant used or possessed any firearm or ammunition in connection with the commission or attempted commission of another offense.” Defendant argues that this provision is inapplicable because he pleaded guilty to firearm charges only, and not to “another offense.” Reviewing de novo the district court’s application of the Guidelines, United States v. Nielsen, 371 F.3d 574, 582 (9th Cir.2004), we affirm. Defendant pleaded guilty to possessing a firearm in furtherance of a drug trafficking crime. 18 U.S.C. § 922 (g)(3). The district court did not err in finding the drug trafficking offense to be a qualifying…

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