United States v. Burgos-Figueroa
2015 U.S. App. LEXIS 2298
| 1st Cir. | 2015Background
- In Puerto Rico, Justo L. Burgos-Figueroa pleaded guilty to conspiracy to distribute large quantities of cocaine, heroin, and marijuana under a plea agreement that stipulated certain guideline adjustments but did not include a weapons enhancement.
- The PSI described a hierarchical drug-distribution conspiracy with at least 32 members; Burgos was a drug-point owner and supervisor who supplied drugs to coconspirators.
- The PSI recounted that members routinely carried firearms to protect drug points, that turf wars and shoot-outs with rival gangs occurred, and that some coconspirators were charged with weapons offenses.
- The probation office recommended a two-level USSG §2D1.1(b)(1) enhancement for possession of a dangerous weapon during the conspiracy; Burgos objected at sentencing; the government took no position.
- The district court applied the two-level enhancement, finding it reasonably foreseeable that coconspirators would possess firearms given Burgos’s leadership role and the violent, large-scale nature of the enterprise, and sentenced him to 168 months.
- On appeal, Burgos challenged the enhancement arguing there was no direct evidence he or his immediate subordinates possessed firearms; the First Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a two-level USSG §2D1.1(b)(1) weapons enhancement was proper | Government: enhancement may be applied based on reasonably foreseeable possession of firearms by coconspirators | Burgos: no direct evidence he or those under his immediate supervision possessed firearms; enhancement improper | Affirmed: enhancement proper because firearms possession by others was reasonably foreseeable given his role and PSI facts |
Key Cases Cited
- McDonald v. United States, 121 F.3d 7 (1st Cir.) (standard: sentencing enhancements by preponderance of the evidence)
- Cruz v. United States, 120 F.3d 1 (1st Cir.) (circumstantial evidence may support sentencing findings)
- Bianco v. United States, 922 F.2d 910 (1st Cir.) (foreseeability of coconspirator firearms possession supports enhancement)
- Quiñones-Medina v. United States, 553 F.3d 19 (1st Cir.) (clear-error review of sentencing factual findings)
- Vázquez-Rivera v. United States, 470 F.3d 443 (1st Cir.) (manager of drug point: foreseeability of firearms possession)
- Olivero v. United States, 552 F.3d 34 (1st Cir.) (unchallenged PSI facts may be relied on at sentencing)
- Paneto v. United States, 661 F.3d 709 (1st Cir.) (circumstantial evidence can support weapons enhancement)
- Watts v. United States, 519 U.S. 148 (U.S. Supreme Court) (uncharged conduct may be considered at sentencing)