Dillon

MEMORANDUM *

Timothy Dillon (“Dillon”) challenges the sentence imposed after he pled guilty to two counts of possession with intent to distribute cocaine base, in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(C), and one count of conspiracy to distribute fifty grams of more of cocaine base, in violation of 21 U.S.C. § 841 (a)(1) and 841(b)(1)(A). Because there was no error with the district court’s imposition of a two-point enhancement for possession of a firearm or with its imposition of a 97-month sentence, we affirm.

I. Firearm Possession

At sentencing, the district court found, by a preponderance of the evidence, that Dillon “possessed” the firearm found underneath the bed he shared with his girlfriend, a co-conspirator. Accordingly, it imposed a two-point enhancement under U.S.S.G. § 2Dl.l(b)(l). We review the district court’s interpretation of the Sentencing Guidelines de novo and the factual findings underlying its imposition of a particular Guidelines enhancement for clear error. United States v. Kimbrew, 406 F.3d 1149, 1151 (9th Cir.2005).

There was no error in applying the preponderance of the evidence standard instead of the “beyond a reasonable doubt”…