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UNITED STATES v. GRIMALDO

No. 19-50151.

984 F.3d 876 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel GRIMALDO, aka Manuel Cuevas, aka Manuel Grinaldo Cuevas, aka Manuel Grimaldo, Jr., aka Manuel Cuevas Grimaldo, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 7, 2021.

Attorney(s) appearing for the Case

Devin Burstein (argued), Warren & Burstein, San Diego, California, for Defendant-Appellant.

Daniel S. Lim (argued) and Bram M. Alden , Assistant United States Attorneys; Brandon D. Fox , Assistant United States Attorney, Chief, Criminal Division; Nicola T. Hanna , United States Attorney; United States Attorney's Office, Santa Ana, California, for Plaintiff-Appellee.

Before: Milan D. Smith, Jr. and Kenneth K. Lee, Circuit Judges, and Kathleen Cardone, District Judge.

OPINION

In this case, we recognize that possessing a firearm does not necessarily embolden a defendant to commit a felony and thus subject him to a sentencing enhancement.

Manuel Grimaldo, arrested with nearly a quarter pound of methamphetamine and an inoperable pistol on his person, was found guilty of simple...

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