United States v. Arturo Carillo-Ayala
2013 U.S. App. LEXIS 5812
| 11th Cir. | 2013Background
- Defendant Carillo-Ayala pled guilty to conspiracy to possess with intent to distribute methamphetamine and illegal alien in possession of a firearm, facing a five-year statutory minimum on Count 1.
- The district court applied a two-level firearm possession enhancement (2D1.1(b)(1)) and denied safety valve relief under 18 U.S.C. § 3553(f) and § 5C1.2(a)(2) for failing to show no connection between guns and the drug offense.
- The safety valve requires five criteria; the only issue here is whether the defendant ‘did not use violence or credible threats of violence or possess a firearm … in connection with the offense’.
- Evidence showed Carillo sold firearms to a drug customer (Jones) and also sold methamphetamine, with the relationship developing through firearm sales prior to drug transactions.
- The district court considered October 14, 2009 as the key date where Carillo sold both firearms and methamphetamine and concluded the firearms were connected to the drug offense.
- On appeal, the Eleventh Circuit examined whether possession of firearms could be disaggregated from the drug offenses for safety valve purposes, despite the § 2D1.1(b)(1) enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether firearm possession can disqualify safety valve relief when linked to drug offense | Carillo | Carillo | Not automatic preclusion; must show lack of connection |
| Does § 2D1.1(b)(1) preclude safety valve relief when firearm possession is present | United States | Carillo | Enhancement does not automatically preclude relief |
| What constitutes ‘in connection with’ the firearm offense for safety valve | United States | Carillo | Connection can be proven by proximity, facilitation, or integral role; requires negating connection by preponderance |
| Is possession constructively connected when firearms are linked to drug transactions with the same customer | United States | Carillo | Sale of guns to a drug dealer can be connected; safety valve unavailable if connection is shown |
Key Cases Cited
- United States v. Cruz, 106 F.3d 1553 (11th Cir. 1997) (standard of review for factual findings and guidelines)
- United States v. Williams, 340 F.3d 1231 (11th Cir. 2003) (de novo review of statutory/guideline interpretation)
- United States v. Poyato, 454 F.3d 1295 (11th Cir. 2006) (safety valve burden and standard of proof, preponderance)
- United States v. Quirante, 486 F.3d 1273 (11th Cir. 2007) (safety valve framework and related case law)
- United States v. Gallo, 195 F.3d 1278 (11th Cir. 1999) (Pinkerton-based liability and relevant conduct limits)
- United States v. Audain, 254 F.3d 1286 (9th Cir. 2001) (facilitation and firearm as instrument in drug transaction)
- United States v. Smith, 508 U.S. 223 (Supreme Court, 1993) (facilitation concept in “in relation to” context for firearms)
- United States v. Stewart, 779 F.2d 538 (9th Cir. 1985) (relation between firearm and offense; facilitation concept)
- United States v. Rhind, 289 F.3d 690 (11th Cir. 2002) (possession near drugs can constitute connection)