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United States v. Alvarez-Sanchez
Citation: 300 F. App'x 587Docket: No. 07-10466
Court: Court of Appeals for the Ninth Circuit; November 20, 2008; Federal Appellate Court
Giovanni Alvarez-Sanchez appeals a 46-month sentence following his guilty plea for conspiracy to possess with intent to distribute marijuana and possession with intent to distribute marijuana, violations of 21 U.S.C. § 841 and § 846. The court has jurisdiction under 28 U.S.C. § 1291 and affirms the sentence. Alvarez-Sanchez argues that the district court erred in applying a two-level enhancement for possession of a firearm, claiming the government failed to prove a weapon was present or that it was improbable the weapon was connected to the offense. The court finds no clear error in the district court's determination that a co-conspirator possessed a firearm during the drug conspiracy, which was foreseeable to Alvarez-Sanchez, especially given the large quantity of drugs involved. Additionally, Alvarez-Sanchez argues that receiving safety-valve relief precluded the firearm enhancement; this claim is deemed without merit. The court affirms the district court's decision, noting this disposition is not suitable for publication and does not serve as precedent except as specified by 9th Cir. R. 36-3.