United States v. Ruben Nungaray

OPINION

GOULD, Circuit Judge:

Appellant Ruben Nungaray challenges the district court’s decision to increase his sentence by two levels under U.S.S.G. § 2K2.1(b)(1)(A). We consider whether the district court erred by enhancing Nungaray’s sentence based on its finding that he constructively possessed four firearms. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

On July 20, 2011, Nungaray pled guilty to one count of unlawful possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Although he pled guilty to only one count of unlawful firearm possession, at the sentencing…