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United States v. Torres

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Submitted: January 16, 2008

Before LOKEN, Chief Judge, MURPHY, Circuit Judge, and JARVEY,*fn1 District Judge.

Jose Antonio Fuentes Torres (“Fuentes”) was arrested late at night for driving while intoxicated. An inventory search of his vehicle uncovered a handgun and ammunition in the center console and a bag containing two grams of powder cocaine in a nearby cup holder. Fuentes, who had three prior cocaine trafficking convictions, pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). He appeals his 84-month prison sentence, arguing that the district court*fn2 applied the wrong legal standard in imposing a four-level enhancement for possession of the firearm in connection with another felony offense. Concluding that any error was harmless, we affirm.

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