Ocampo

United States v. Ocampo

Good Law
265 F. App'x 680
United States Court of Appeals for the Ninth CircuitFebruary 1, 2008No. 06-50203California387 words

Opinion

lead Opinion

MEMORANDUM **

Robert Ocampo appeals from the 292-month sentence imposed following a jury-trial conviction for conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Ocampo contends that the district court erred in erred in applying a two level enhancement, pursuant to U.S.S.G. § 2Dl.l(b)(l), for possession of a firearm. We disagree. The district court properly determined that Ocampo possessed a firearm during the commission of the conspiracy, see United States v. Lopez-Sandoval, 146 F.3d 712, 715 (9th Cir.1998), and it was not “clearly improbable that the weapon was connected with the offense.” U.S.S.G. § 2D1.1, cmt. n. 3. Accordingly, the district court properly applied a two-level enhancement for possession of a firearm. See United States v. Restrepo, 884 F.2d 1294, 1296 (9th Cir.1989).

Ocampo further contends that his sentence is unreasonable because the district court failed to adequately weigh or discuss the 18 U.S.C. § 3553 (a) factors generally, and specifically failed to consider the need to avoid unwarranted sentence disparities, as required by § 3553(a)(6).…

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