UNITED STATES of America, Plaintiff-Appellee, v. David CONERLY, aka David Clayton Conerly, Defendant-Appellant.
Decided: January 14, 2020
Before: CALLAHAN, NGUYEN, and HURWITZ, Circuit Judges.
Merry Jean Chan, Assistant U.S. Attorney, Alexis Jane Loeb, Trial Attorney, DOJ-USAO, San Francisco, CA, for Plaintiff-Appellee Steven Lubliner, Law Offices of Steven S. Lubliner, Petaluma, CA, for Defendant-Appellant
David Conerly appeals from the district court’s judgment and challenges the 108-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Conerly contends that the district court erred by applying a four-level enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for using or possessing a firearm in connection with another felony offense. We review the district court’s interpretation of the Guidelines de novo, its factual findings for clear error, and the court’s application of the Guidelines to the facts for abuse of discretion. See United States v. Gasca-Ruiz, 852 F.3d 1167, 1170 (9th Cir. 2017) (en banc).
The district court’s finding that Conerly possessed cocaine base with the intent to sell was not “illogical, implausible, or without support in inferences that may be drawn from the facts in the record.” United States v. Hinkson, 585 F.3d 1247, 1263 (9th Cir. 2009) (en banc). The totality of the evidence in the record supports the district court’s finding that Conerly’s possession of the firearm potentially emboldened his efforts to sell crack cocaine, see United States v. Polanco, 93 F.3d 555, 567 (9th Cir. 1996), and the court did not abuse its discretion by applying the section 2K2.1(b)(6)(B) enhancement, see Gasca-Ruiz, 852 F.3d at 1170.
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