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082374P.pdf   02/20/2009  United States  v.  Jose Reynaldo Martinez
   U.S. Court of Appeals Case No:  08-2374
   District of North Dakota - Fargo   
   [PUBLISHED] [Shepherd, Author, with Colloton and Bright, Circuit Judges]
   Criminal Case - sentencing. District court did not clearly err in assessing
   a two-level increase for possession of a firearm when the firearm was
   traded for drugs. Because defendant did not object to the adequacy of the
   district court's consideration of the section 3553(a) factors or explanation
   of the sentence imposed, review is for plain error. District court's brief
   explanation for 28-month downward variance was sufficient to meet
   procedural requirements. Judge Bright concurs, noting the Supreme
   Court's decision in Watson v. United States.