United States of America v. Felix Jauregui

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FELIX JAUREGUI,
Defendant - Appellant.
No. 09-10475
D.C. No. 2:07-cr-00571-GEB
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Garland E. Burrell, District Judge, Presiding
Submitted February 15, 2011**
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Felix Jauregui appeals from the low-end 168-month Guideline sentence
imposed following his guilty-plea conviction for conspiracy to distribute and
possession with intent to distribute methamphetamine, in violation of 21 U.S.C.
FILED
FEB 17 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

09-10475 2
§§ 841(a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Jauregui contends that the district court erred in applying the two-level
firearm enhancement under U.S.S.G. § 2D1.1(b)(1) because insufficient evidence
connected the loaded gun with his possession of methamphetamine. The
enhancement was appropriate because the record reflects that Jauregui possessed
the firearm during the commission of the drug conspiracy. See United States v.
Lopez-Sandoval, 146 F.3d 712, 715 (9th Cir. 1998).
AFFIRMED.

-- 2 of 2 --