United States v. Marco Chavez , 503 F. App'x 494 ( 2012 )

FILED
NOT FOR PUBLICATION DEC 19 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-50258
Plaintiff - Appellee, D.C. No. 8:10-CR-00033-AG-1
v.
MEMORANDUM *
MARCO ANTONIO CHAVEZ, etc.
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Andrew J. Guilford, District Judge, Presiding
Argued and Submitted November 8, 2012
Pasadena, California
Before: REINHARDT and THOMAS, Circuit Judges, and NAVARRO,**
District Judge.
Marco Antonio Chavez appeals the sentence imposed by the district court
following Chavez’s guilty plea to conspiracy to possess with the intent to distribute
approximately 493.3 grams of pure methamphetamine in violation of 21 U.S.C.
§§ 846 and 841(b)(1)(A). The district court sentenced Chavez to eighty-seven
*
This disposition is not appropriate for publication and is not precedent except as
provided by Ninth Circuit Rule 36-3.
**
The Honorable Gloria M. Navarro, United States District Judge for the District of
Nevada, sitting by designation.
months, to be followed by a five-year term of supervised release. This sentence
included a two-level enhancement for possession of a dangerous weapon during
the commission of the offense.
We review the district court’s sentencing decision for abuse of discretion.
United States v. Armstead, 552 F.3d 769, 776 (9th Cir. 2008). We review the
district court’s underlying factual findings for clear error. Id. Based on the parties’
arguments and the Court’s examination of the record, we conclude that Chavez
should have reasonably foreseen that his co-conspirators would possess a firearm
during the execution of such a major drug transaction. United States v. Garcia, 909
F.2d 1346, 1350 (9th Cir. 1990). Therefore, the district court did not clearly err in
determining that the two-level sentencing enhancement for possession of a
dangerous weapon was appropriate. Id.AFFIRMED.
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