United States v. David Douglas Delgado, 981 F.3d 889

Background

Two packages from the same Hong Kong sender addressed to David Delgado at his Chunchula, AL residence were intercepted at a Mobile mail center; lab testing identified methoxyacetyl fentanyl (analogue) in the first and 2.62 g of U-47700 (Schedule I) in the second.
Law enforcement confirmed the address belonged to Delgado, sought (rather than attempted a controlled delivery), and obtained a warrant to search the residence for documents and materials related to the shipments.
The executed search recovered multiple firearms and five unregistered homemade silencers; officers also seized a computer and a third substance (kratom).
Delgado was indicted for importing U-47700 and possessing unregistered silencers; a superseding indictment added the analogue-import count but the Government dismissed that count before trial.
Delgado waived a jury and submitted stipulated facts at a bench trial; the district court convicted him of importing U-47700 and possessing unregistered silencers and sentenced him to 36 months’ imprisonment concurrent on both counts.
On appeal Delgado challenged (1) probable cause for the residence search warrant, (2) the district court’s treatment of the first-package analogue as relevant conduct at sentencing, and (3) application of the § 2D1.1(b)(1) two-level weapon enhancement (and denial of safety-valve relief).

Issues

Issue	Plaintiff's Argument (Government)	Defendant's Argument (Delgado)	Held
1. Probable cause for search warrant	Affidavit showed two intercepted drug shipments addressed to Delgado at his residence and law enforcement experience supported the nexus that records/evidence would be at the home	Affidavit was speculative; packages were never delivered and no proof orders were placed from the home; insufficient nexus to residence	Warrant supported by probable cause under the totality of circumstances; alternatively, Leon good-faith exception applies — affirm
2. Inclusion of first-package analogue as relevant conduct at sentencing	Court may consider uncharged conduct proven by a preponderance; circumstantial evidence supports that Delgado knew the analogue was illegal	Government failed to prove Delgado knew the first-package substance was illegal; McFadden requires proof of knowledge for analogue offenses	Even assuming McFadden’s knowledge requirement applies to sentencing, the Government met the preponderance standard by circumstantial evidence and district court credibility findings — affirm
3. § 2D1.1(b)(1) two-level weapon enhancement and safety-valve denial	Firearms and silencers were found at the residence where drugs were ordered/destined; proximity and other indicia (scales, unsecured guns) support nexus	Weapons were for lawful collecting/target shooting; drugs were not delivered and were for personal use — no connection to drug offense	Nexus established by proximity and circumstances; enhancement applies unless connection is "clearly improbable" (defense did not meet that burden); safety-valve denial therefore proper — affirm

Key Cases Cited

District of Columbia v. Wesby, 138 S. Ct. 577 (2018) (probable-cause standard is not high; evaluate totality of circumstances)
Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances test for probable cause)
United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule)
McFadden v. United States, 576 U.S. 186 (2015) (knowledge requirement for controlled-substance-analogue offenses; circumstantial proof may suffice)
United States v. Hall, 46 F.3d 62 (11th Cir. 1995) (weapon enhancement: proximity creates nexus and shifts burden to defendant to show connection is clearly improbable)
United States v. Martin, 297 F.3d 1308 (11th Cir. 2002) (affidavit must connect defendant and residence to criminal activity to support probable cause)
United States v. Hamaker, 455 F.3d 1316 (11th Cir. 2006) (relevant conduct can include uncharged or dismissed conduct proven by a preponderance)