United States v. Chavez
United States v. Chavez
Opinion of the Court
MEMORANDUM
Sergio Louis Chavez appeals from the 71-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Chavez contends that the district court erred in applying a two-level enhancement, pursuant to United States Sentencing Guidelines § 3C1.2, for reckless endangerment during flight. We disagree. The record reflects that Chavez attempted to flee police by running into a store while carrying a loaded firearm, and then quickly disposed of the firearm near employees and customers. Based on these facts, the
Chavez also contends that the district court procedurally erred by failing adequately to consider the sentencing factors of 18 U.S.C. § 3553(a), and that the sentence is substantively unreasonable. The record reflects that the district court did not procedurally err, and the sentence is not unreasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.