Court of Appeals for the Ninth Circuit October 23, 2001, 00-30182 (United States v. Charlie Highsmith)

T.G. NELSON, Circuit Judge:

We have jurisdiction pursuant to 28 U.S.C. § 1291. In a separate memorandum disposition we affirmed on all issues raised in this appeal but one. As to that issue, we conclude that the district court erred when it found that the defendant was in constructive possession of a weapon and applied a sentencing enhancement.