United States v. Rodriguez
United States v. Rodriguez
Opinion of the Court
MEMORANDUM
Phillip Rodriguez, Jr. (“Rodriguez”) appeals two sentencing decisions by the district court. We affirm.
First, we hold that the district court did not err in applying a four-level enhance
Second, we hold that the district court did not err in refusing to apply a sentencing reduction under U.S. Sentencing Guidelines Manual § 2K2.1(b)(2) (2005) for possession of firearms “solely for lawful sporting purposes.” Rodriguez failed to “prove that he is entitled to [the] reduction by a preponderance of the evidence.” See United States v. Gavilan, 966 F.2d 530, 531-32 (9th Cir. 1992) (holding that § 2K2.1(b)(2) reduction does not apply when any purpose for possessing the firearms is unlawful).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided
Case-law data current through December 31, 2025. Source: CourtListener bulk data.