Opinion
No. 13-10649
06-26-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSE JESUS REYES-GALLAGA VARGAS, a.k.a. Victor Vargas-Chavez, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:11-cr-00459-KJM-1 MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jose Jesus Reyes-Gallaga Vargas appeals the district court's judgment and challenges the 120-month sentence imposed after he pleaded guilty to possession with the intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), and dealing firearms without a license in violation of 18 U.S.C. § 922(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Vargas argues that the district court improperly increased his base offense level by two points for possession of a dangerous weapon under U.S.S.G. § 2D1.1(b)(1). We disagree. "In applying this enhancement, 'the court need not find a connection between the firearm and the offense. If it finds that the defendant possessed the weapon during the commission of the offense, the enhancement is appropriate.'" United States v. Lopez-Sandoval, 146 F.3d 712, 714 (9th Cir. 1998) (quoting United States v. Restrepo, 884 F.2d 1294, 1296 (9th Cir. 1989)). Vargas admitted to possessing the firearms during the firearm/drug sales. Even if the firearms were for sale, and not protection, Vargas still had access to them, and he could have put them to nefarious ends had he wished. See United States v. Heldberg, 907 F.2d 91, 94 (9th Cir. 1990).
AFFIRMED.