United States of America v. Gerardo Barraza Zazueta, a.k.a. Joel Rivera

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GERARDO BARRAZA ZAZUETA, a.k.a.
Joel Rivera,
Defendant - Appellant.
No. 14-30252
D.C. No. 2:13-cr-02081-WFN
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Gerardo Barraza Zazueta appeals from the district court’s judgment and
challenges the 51-month sentence imposed following his jury-trial conviction for
FILED
SEP 01 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Zazueta contends that the district court erred by imposing a sentencing
enhancement for possession of a firearm in connection with another felony offense
under U.S.S.G. § 2K2.1(b)(6)(B) without sua sponte holding an evidentiary
hearing. We review for plain error, see United States v. Berry, 258 F.3d 971, 976
(9th Cir. 2001), and find none. No evidentiary hearing was required because the
district court allowed Zazueta to challenge the enhancement orally and through
briefing and affidavits. See id.
Zazueta also contends that there was insufficient evidence that he possessed
a firearm in connection with drug trafficking. We review for clear error the district
court’s finding that Zazueta possessed the firearm in connection with another
felony offense. See United States v. Polanco, 93 F.3d 555, 564 (9th Cir. 1996).
The district court did not clearly err; agents located the firearm in close proximity
to a bag containing 28 grams of methamphetamine, a digital scale, body armor, and
a pair of pants containing Zazueta’s identification. See U.S.S.G.§ 2K2.1
cmt. n.14(B); Polanco, 93 F.3d at 567.
AFFIRMED.
14-30252 2

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