U.S. v. NUNGARAY

No. 11-30341.

697 F.3d 1114 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben NUNGARAY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 5, 2012.


Attorney(s) appearing for the Case

Dennis M. Charney (argued), Charney and Associates, PLLC, Eagle, ID, for the defendant-appellant.

Wendy J. Olson , United States Attorney District of Idaho, and Ann T. Wick (argued), Special Assistant United States Attorney, United States Attorney's Office, Boise, ID, for the plaintiff-appellee.

Before: MARY M. SCHROEDER and RONALD M. GOULD, Circuit Judges, and PAUL L. FRIEDMAN, Senior District Judge.


OPINION

GOULD, Circuit Judge:

Appellant Ruben Nungaray challenges the district court's decision to increase his sentence by two levels under U.S.S.G. § 2K2.1(b)(1)(A). We consider whether the district court erred by enhancing Nungaray's sentence based on its finding that he constructively possessed four firearms. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

On July 20, 2011, Nungaray pled guilty to one count of...

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