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UNITED STATES of America, Appellee, v. Jose Otero FIGUEROA, also known as Robert Figueroa, also known as Marcos Alvarado Mendoza, also known as Pelonches, also known as Pelon, also known as Adam Morales, Appellant

United States Court of Appeals for the Eighth Circuit2003-09-12No. No. 02-3470
75 F. App'x 557

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Opinion

majority opinion

PER CURIAM.

Jose Otero Figueroa challenges the sentence the district court imposed after he pleaded guilty to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. At sentencing, over Figueroa’s objection, the district court increased his offense level by 2 levels under U.S.S.G. § 2Dl.l(b)(l) for possessing a firearm during the conspiracy, and sentenced him to 292 months imprisonment and 5 years supervised release. On appeal, Figueroa challenges the 2-level enhancement.

After carefully reviewing the evidence presented by the government at sentencing, we conclude the district court did not clearly err in finding the government had shown by a preponderance of the evidence that Figueroa possessed a firearm during the charged conspiracy and that the it was not clearly improbable the firearm was connected to the conspiracy. See United States v. Harris, 310 F.3d 1105, 1112 (8th Cir.2002) (standard of review), cert. denied, - U.S. -, 123 S.Ct. 2121, 155 L.Ed.2d 1096 (2003). Accordingly, we affirm.

. The Honorable Richard G. Kopf, Chief Judge, United States District Court for the District of Nebraska.