United States v. Adrian Rodriguez-Guerrero
2015 U.S. App. LEXIS 18927
| 5th Cir. | 2015Background
- Rodriguez-Guerrero pled guilty to conspiracy to possess with intent to distribute ≥100 kg of marijuana; Sentencing Guidelines offense level 27, CHC III (87–108 months).
- Law enforcement surveilled a McAllen stash house; Rodriguez-Guerrero was observed coming and going with co-defendants and vehicles carrying loads later found to contain marijuana.
- A search of the stash house uncovered packaging materials, scales, bundles of marijuana in multiple rooms, and a loaded shotgun with 125 shells in the master bedroom.
- Rodriguez-Guerrero stated he performed landscaping and helped load marijuana; he denied owning or knowing about the shotgun and had no proven connection to the master bedroom.
- The district court applied a two-level U.S.S.G. § 2D1.1(b)(1) enhancement for possession of a dangerous weapon (the shotgun), increasing the guideline range; court found foreseeability of a weapon given the stash-house drug operation.
- Rodriguez-Guerrero appealed, arguing lack of evidence tying the shotgun to him or any coconspirator and that the enhancement was therefore improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2D1.1(b)(1) two-level weapon enhancement applies when a firearm is found in a stash house but not linked to a specific conspirator | The shotgun was not shown to be possessed by Rodriguez-Guerrero or any coconspirator; no proof of control or knowledge, so enhancement improper | Weapon was present in a stash house used exclusively for trafficking; it was reasonably foreseeable a conspirator possessed it in furtherance of the conspiracy, so enhancement applies | Affirmed. Court found plausible spatial/temporal nexus and foreseeability that a conspirator possessed the shotgun; enhancement proper |
Key Cases Cited
- United States v. Zapata-Lara, 615 F.3d 388 (5th Cir.) (discusses proving weapon possession by temporal/spatial nexus and foreseeability; remanded where court failed to connect gun to any participant)
- United States v. King, 773 F.3d 48 (5th Cir.) (standard: district court factual findings reviewed for clear error; plausible findings upheld)