Gonzalez

United States v. Gonzalez

Good Law
270 F. App'x 702
United States Court of Appeals for the Ninth CircuitMarch 21, 2008No. 07-30161California1,014 words

Opinion

Lead Opinion

MEMORANDUM *

Phillip Gonzalez appeals from his guilty-plea conviction and the 41-month sentence imposed for possession of an unregistered firearm, in violation of 26 U.S.C. § 5861 (d). Gonzalez contends that the district court erred by denying his motion to suppress evidence, by applying an upward adjustment pursuant to U.S.S.G. § 2K2.1(b)(5) for use or possession of a firearm in connection with another felony offense, by denying a downward adjustment pursuant to U.S.S.G. § 3E1.1 for acceptance of responsibility, and by denying a downward departure based upon his family relations, medical history, and aberrant behavior. Because the parties are aware of the facts of this case, we do not recount them here. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

I. Motion to Suppress

The district court did not err in denying the motion to suppress. For probable cause to search a residence, the supporting affidavit “must establish a reasonable nexus between the crime or evidence and the location to be searched.” United States v. Crews, 502 F.3d 1130, 1136-37 (9th Cir. 2007) (citing United States v. Chavez-Miranda, 306 F.3d 973, 978 (9th Cir.2002)). The issuing magistrate judge…

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