United States of America v. Kenneth Daniel Chrestensen

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENNETH DANIEL CHRESTENSEN,
Defendant - Appellant.
No. 13-30045
D.C. No. 9:12-cr-00014-DWM
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted March 10, 2014**
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
Kenneth Daniel Chrestensen appeals from the district court’s judgment and
challenges the 168-month sentence imposed following his guilty-plea conviction
for conspiracy to distribute methamphetamine, in violation of 21 U.S.C.
§§ 841(a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we
FILED
MAR 13 2014
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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affirm.
Chrestensen contends that the district court erred by imposing a two-level
enhancement under U.S.S.G. § 2D1.1(b)(1). First, he argues that there was
insufficient evidence that he possessed the recovered firearms. Contrary to the
government’s contention, Chrestensen did not waive this issue. See United States
v. Olano, 507 U.S. 725, 733 (1993) (waiver is intentional relinquishment of a
known right). However, because Chrestensen did not raise this issue before the
district court, it is forfeited and we review for plain error. See United States v.
Gallegos-Galindo, 704 F.3d 1269, 1272 (9th Cir. 2013). The district court did not
plainly err because Chrestensen conceded that the recovered firearms were his.
Second, Chrestensen contends that the district court erred in imposing the
enhancement because the connection between the recovered firearms and his
offense is clearly improbable. We review a district court’s findings of fact for
clear error. See United States v. Lopez-Sandoval, 146 F.3d 712, 714 (9th Cir.
1998). The record reflects that Chrestensen had weapons in his residence during
the course of his participation in a drug conspiracy. Under these circumstances,
the district court did not clearly err in concluding that Chrestensen possessed
firearms in connection with his offense. See id. at 715-16.
AFFIRMED.
13-30045 2

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