United States of America v. Max Joseph Plog-Horowitz

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MAX JOSEPH PLOG-HOROWITZ,
Defendant - Appellant.
Nos. 14-10059
14-10060
D.C. Nos. 4:12-cr-00661-CW
4:13-cr-00337-CW
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Claudia Wilken, District Judge, Presiding
Submitted April 7, 2015**
Before: FISHER, TALLMAN, and NGUYEN, Circuit Judges.
In these consolidated appeals, Max Joseph Plog-Horowitz appeals from the
district court’s judgments and challenges the 60-month sentence imposed
following his revocation of probation and guilty-plea conviction for being a felon
in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1).
* 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).
FILED
APR 10 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-10059 & 14-10060
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Plog-Horowitz contends that the district court improperly imposed a four-
level sentencing enhancement under U.S.S.G. § 2K2.1(b)(6)(B). He argues that
there was insufficient evidence that he possessed the firearm in connection with the
felony of impersonating a federal officer. We review for clear error. See United
States v. Flores, 729 F.3d 910, 913 (9th Cir. 2013). The pistol that Plog-Horowitz
was convicted of possessing was found loaded and holstered along with law
enforcement credentials, clothing, and other weapons. In light of this and Plog-
Horowitz’s history of impersonating a federal officer, the district court did not
clearly err in finding that Plog-Horowitz intended to use or possess the firearm in
connection with the offense of impersonating a federal officer. See United States
v. Jimison, 493 F.3d 1148, 1149 (9th Cir. 2007). In any event, the district court
also found that Plog-Horowitz intended to possess or use the gun in connection
with the felony offense of conspiracy to commit insurance fraud and Plog-
Horowitz does not challenge that finding on appeal.
AFFIRMED.

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