United States v. Jose Hernandez

472 F. App'x 745

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 24, 2012
• Docket: 10-10501
• Status: Unpublished

Opinion

MEMORANDUM **

Defendant Jose Benjamin Hernandez appeals the district court’s imposition of a sentence of 235 months’ imprisonment following his guilty plea to conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 and 846, and to possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841. We affirm.

1. The district court did not clearly err by finding that it was “reasonably foresee able” that Defendant’s co-conspirator would possess a firearm under U.S.S.G. §§ lB1.3(a)(l)(B), 2D1.1(b)(1). See United States v. Ortiz, 362 F.3d 1274, 1275 (9th Cir.2004) (explaining the findings that a district court must make). The sentencing transcript makes clear that the district court found that, whether Defendant or the government had the burden of proof, the evidence overwhelmingly supported a finding of reasonable foreseeability. We agree.

2. The district court did not otherwise err at sentencing. See generally United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc). The district court adequately considered the factors under 18 U.S.C. § 3553, and its imposition of a sentence at the low end of the Guidelines range was reasonable.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.