United States v. 2020-03-30 | 19-10072 | USA V. IVAN ROLDAN | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
IVAN ROLDAN,
Defendant-Appellant.
No. 19-10072
D.C. No.
3:18-cr-00257-CRB-1
MEMORANDUM
*
Appeal from the United States District Court
for the Northern District of California
Charles R. Breyer, District Judge, Presiding
Submitted March 25, 2020
**
San Francisco, California
Before: GOULD, CHRISTEN, and BRESS, Circuit Judges.
Defendant-Appellant Ivan Roldan was convicted of being a felon in
possession of a firearm in violation of 18 U.S.C. § 922(g)(1), and sentenced to 60
months in prison. Roldan appeals his sentence, specifically the four-level
FILED
MAR 30 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
* *
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

enhancement he received pursuant to United States Sentencing Guideline
§ 2K2.1(b)(6)(B) for possessing the firearm in connection with another felony
offense. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742,
and we affirm. Because the parties are familiar with the facts, we recite only those
necessary to resolve the issues on appeal.
The district court did not err by applying the four-level enhancement for
possessing a firearm in connection with another felony offense. In cases involving
“a drug trafficking offense in which a firearm is found in close proximity to
drugs,” the four-level enhancement is warranted “because the presence of the
firearm has the potential of facilitating another felony offense.” United States v.
Chadwell, 798 F.3d 910, 916 (9th Cir. 2015) (quoting U.S.S.G. § 2K2.1 cmt. n.
14(B)). The sentencing transcript indicates that the district court found that Roldan
was involved in a drug deal and possessed the firearm in connection with that
offense. Officers observed Roldan and Alexis Meneses loitering, late at night, in
an area known for drug trafficking. Both men possessed large quantities of drugs
and cash, and Roldan had a prior conviction for possessing drugs with intent to
sell, for which he was on probation when he was arrested for the instant offense.
Roldan had the loaded firearm in his pants pocket, where it was easily and
immediately accessible. A preponderance of the evidence supports the four-level
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enhancement and the court did not abuse its discretion by applying it. See
Chadwell, 798 F.3d at 917.
AFFIRMED.
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