United States v. Castro-Perez
2014 U.S. App. LEXIS 7783
| 10th Cir. | 2014Background
- Castro-Perez appeals his 63-month sentence and 3 years of supervised release for cocaine distribution and illegal alien in possession of a firearm.
- District court applied a two-level enhancement under U.S.S.G. § 2D1.1(b)(1) for possessing a firearm in connection with a drug trafficking offense.
- Facts show he sold cocaine to an undercover agent on March 31, 2010, and later sold a pistol to the agent the same day.
- Castro-Perez argued the gun sale was not connected to the drug conspiracy and was temporally separate.
- The district court found the enhancement appropriate based on temporal proximity and characteristics of the gun, and sentenced accordingly.
- Castro-Perez timely appealed, challenging the firearm enhancement as unsupported by a spatial or physical nexus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the firearm enhancement is warranted | Castro-Perez contends no spatial/physical nexus to drug trafficking. | Castro-Perez argues the gun was not possessed in relation to the offense. | Enhancement not warranted; remand for resentencing. |
| Harmless-error question if enhancement was improper | Government says the variance neutralized any error. | There is no indication the variance would have been tied to the error. | Error not harmless; remand for resentencing. |
Key Cases Cited
- United States v. Alexander, 292 F.3d 1226 (10th Cir. 2002) (discusses nexus requirement for firearm enhancement)
- United States v. Zavalza-Rodriguez, 379 F.3d 1182 (10th Cir. 2004) (establishes preponderance standard and nexus appraisal)
- United States v. Pompey, 264 F.3d 1176 (10th Cir. 2001) (nexus between weapon and drug trafficking may be shown by proximity)
- United States v. Roederer, 11 F.3d 973 (10th Cir. 1993) (discussion of relevant conduct and firearm presence in conspiracy context)
- United States v. Flores, 149 F.3d 1272 (10th Cir. 1998) (physical proximity principle for § 2D1.1(b)(1) enhancement)
- United States v. Foy, 641 F.3d 455 (10th Cir. 2011) (coconspirator context and firearm proximity)