United States of America v. Armando Bazua

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ARMANDO BAZUA,
Defendant-Appellant.
No. 19-10109
D.C. No. 2:17-cr-00286-APG-
CWH-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Andrew P. Gordon, District Judge, Presiding
Submitted October 15, 2019**
Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.
Armando Bazua appeals from the district court’s judgment and challenges
the 40-month sentence imposed following his guilty-plea conviction for being a
felon in possession of firearms and aiding and abetting, in violation of 18 U.S.C.
§§ 922(g)(1), 924(a)(2), and 2. We have jurisdiction under 28 U.S.C. § 1291.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
OCT 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 19-10109
Reviewing de novo, see United States v. Rivera-Constantino, 798 F.3d 900, 902
(9th Cir. 2015), we affirm.
Bazua contends that the district court erred by finding that his previous
conviction for conspiracy to possess with intent to distribute methamphetamine, in
violation of 21 U.S.C. § 846, qualifies as a “controlled substance offense” under
U.S.S.G. § 2K2.1(a)(4)(A). As Bazua concedes, this claim is foreclosed. See
U.S.S.G. § 2K2.1 cmt. n.1 (“controlled substance offense” has the same definition
as that provided in U.S.S.G. 4B1.2(b) & cmt. n.1); U.S.S.G. 4B1.2(b) & cmt. n.1
(“controlled substance offense” includes “conspiring . . . to commit” an offense
under federal law, punishable by imprisonment for a term exceeding one year, that
prohibits the possession of a controlled substance with intent to distribute); Rivera-
Constantino, 798 F.3d at 904-05 (21 U.S.C. § 846 is a categorical match for the
definition of conspiracy in the Guidelines).
AFFIRMED.

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