Dominguez

United States v. Dominguez

Good Law
264 F. App'x 662
United States Court of Appeals for the Ninth CircuitJanuary 22, 2008No. 07-10080California274 words

Opinion

lead Opinion

MEMORANDUM **

Arthur Dominguez, Jr. appeals from the 110-month sentence imposed following his guilty-plea conviction for possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922 (g)(1) and 924(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*663 Dominguez contends that the district court erred in applying a four-level upward adjustment under U.S.S.G. § 2K2.1(b)(6) because the pre-sentence report was insufficient to establish that he “possessed” a firearm in connection with another felony offense and that the district court should have applied a clear and convincing evidentiary standard in determining whether the adjustment applied. We disagree. We conclude that the relevant statements in the pre-sentence report bore a sufficient indicia of reliability, see United States v. Marin-Cuevas, 147 F.8d 889, 895 (9th Cir.1998), and the district court did not err in applying a preponderance of the evidence standard. See United States v. Riley, 335 F.3d 919, 925-26 (9th Cir.2003). Accordingly, we conclude there was sufficient evidence to demonstrate that Dominguez “possessed” a firearm in connection with felonious conduct. See United States v.…

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