Velasquez

United States v. Velasquez

Good Law
268 F. App'x 665
United States Court of Appeals for the Ninth CircuitMarch 6, 2008No. 06-50637California282 words

Opinion

lead Opinion

MEMORANDUM **

Alex Eduardo Velasquez appeals from the 135-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine and marijuana, in violation of 21 U.S.C. § 841 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Velasquez challenges the district court’s application of the firearm enhancement listed in U.S.S.G. § 2Dl.l(b)(2). We conclude that the district court did not clearly err in determining that the weapon was possessed in connection with the offense and that Velasquez failed to establish that it was “clearly improbable” that the firearm was connected to the drug conspiracy. See U.S.S.G. § 2Dl.l(b)(2); United States v. Lopez-Sandoval, 146 F.3d 712, 715-16 (9th Cir.1998). We reject Velasquez’s contention that U.S.S.G. § 2Dl.l(b)(2) unfairly imposes a heightened burden on the defendant to disprove that the firearm was possessed in connection with the offense. See United States v. Restrepo, 884 F.2d 1294, 1296 (9th Cir.1989).

Velasquez asserts that a condition of supervised release prohibiting him from wearing or possessing items which may connote membership in a criminal street gang is…

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