Are there any errors in a federal court's decisions at a resentencing for obstruction of justice and possession of a gun?

MultiRegion, United States of America

The following excerpt is from U.S. v. Green, 21 F.3d 1117 (9th Cir. 1994):

We review for clear error the district court's decisions covering enhancements at the resentencing for obstruction of justice and possession of a gun; and that the conspiracy involved ten pounds of methamphetamine. See United States v. Chapnick, 963 F.2d 224, 226 (9th Cir.1992) (factual findings underlying sentencing are reviewed for clear error).

A. The Gun Enhancement

Green argues that the district court erred by its initial ruling that the firearm locked in his briefcase was present in furtherance of the crime. The enhancement is proper unless it is clearly improbable that the gun was connected to the offense. United States v. Restrepo, 884 F.2d 1294, 1296 (9th Cir.1989).

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