United States v. David Jensen , 671 F. App'x 694 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30024
Plaintiff-Appellee, D.C. No. 9:15-cr-00015-DLC
v.
MEMORANDUM*
DAVID LAWRENCE JENSEN,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, Chief Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
David Lawrence Jensen appeals from the district court’s judgment and
challenges the 84-month sentence imposed following his guilty-plea conviction for
being a felon in possession of firearms and ammunition, in violation of 18 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§§ 922(g)(1), and 924(a)(2), (d). We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
Jensen contends that the district court erred by imposing a four-level
enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for possession of a firearm in
connection with a burglary. We review for clear error, see United States v.
Newhoff, 627 F.3d 1163, 1170 (9th Cir. 2010), and hold there is none. The record
reflects that a stolen gun was found in Jensen’s residence, a credit card was stolen
from the theft victim in the same incident, and an individual driving a car that fit
the description of Jensen’s car used the stolen credit card on the day on which the
victim reported the theft. The district court did not clearly err in holding that this
evidence was sufficient, by a preponderance of the evidence, to establish that
Jensen took a firearm during the course of a burglary. See id. (district court’s
inference that defendant stole a firearm was reasonable based on circumstantial
evidence, which “can prove a sentencing fact”).
AFFIRMED.
2 16-30024