United States v. Stephon Whitney

facts, we do not recount them here, except as necessary to provide context to our

ruling. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. We affirm Whitney’s conviction and affirm his sentence in large part except as to

the limited issues the parties agree warrant vacatur and remand.

1. The district court did not err in applying a four-level enhancement under

U.S.S.G. § 2K2.1(b)(6)(B). The record supports the district court’s conclusion that

Whitney owned the gun and possessed the marijuana with intent to distribute.

Detectives found around a half pound of marijuana in Whitney’s apartment, a

quantity inconsistent with personal use. In Whitney’s bedroom, investigators found

a loaded gun with an additional magazine, and several thousand dollars in cash

hidden in the headboard of his bed. Outside the bedroom, detectives found a digital

scale; small, clear bags; and two boxes of ammunition containing seventy rounds.

After initially denying responsibility, Whitney stated “[a]ll that belong to me.

Everything.” Against this…