Rodriguez

United States v. Rodriguez

Good Law
236 F. App'x 294
United States Court of Appeals for the Ninth CircuitJune 6, 2007No. 06-30599California296 words

Opinion

Lead Opinion

MEMORANDUM *

Phillip Rodriguez, Jr. (“Rodriguez”) appeals two sentencing decisions by the district court. We affirm.

First, we hold that the district court did not err in applying a four-level enhance *295 ment under U.S. Sentencing Guidelines Manual § 2K2.1(b)(5) (2005) for “possession of a firearm in connection with another felony offense.” See United States v. Polanco, 93 F.3d 555, 566-67 (9th Cir. 1996). Two rifles and shotgun, along with ammunition for both rifles, were found in the bedroom where Rodriguez had distributed cocaine. Law enforcement agents found, in that same bedroom, a digital scale with cocaine residue on several prior occasions. See United States v. Krouse, 370 F.3d 965, 968 (9th Cir.2004) (upholding conviction under 18 U.S.C. § 924 (c) when five firearms were found in the same room where drug trafficking operation occurred); see also United States v. Routon, 25 F.3d 815 (9th Cir.1994) (holding that 18 U.S.C. § 924 (c) “is an appropriate guide for interpreting section 2K2.1(b)(5)”). The evidence submitted by the government “permits an inference that [the firearms] facilitated or potentially facilitated — i.e., had some potential emboldening role — in…

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