Background

• Erazo pleaded guilty to distribution of 500 grams or more of cocaine under 21 U.S.C. § 841(a)(1), § 841(b)(1)(B)(ii); district court sentenced to 64 months, 48 months supervised release, $100 special assessment, and deportation directives.
• At the sentencing, Erazo requested safety valve relief under U.S.S.G. § 5C1.2(a)(2), contending he did not use violence or possess a firearm in connection with the offense.
• Portillo testified at the safety valve hearing that Erazo directed him to retrieve a pistol from Erazo's bedroom and bring it to the drug-deal location; the gun was in the van during the deal.
• The district court credited parts of Portillo’s testimony and rejected Erazo’s claim of lack of knowledge about the gun’s purpose, finding Erazo induced Portillo to possess a firearm in connection with the offense.
• Erazo challenged the district court’s credibility determinations, but the court credited some testimony and found the firearm connection sufficient under § 5C1.2(a)(2).
• This court affirmed the sentence, holding Erazo ineligible for the safety valve because he induced a participant to possess a firearm in connection with the drug offense.

Issues

Key Cases Cited

• United States v. DeJesus, 219 F.3d 117 (2d Cir. 2000) (defines 'in connection with' for firearms in drug offenses)
• United States v. Evans, 888 F.2d 891 (D.C. Cir. 1989) (firearm in drug offense can be connected if used to protect contraband)
• United States v. Condren, 18 F.3d 1190 (5th Cir. 1994) (firearm found with drugs in proximity supports connection)
• In re Sealed Case, 105 F.3d 1460 (D.C. Cir. 1997) (distinguishes from cases where defendant never possessed weapon)
• United States v. Denis, 560 F.3d 872 (8th Cir. 2009) (defendant induced others to possess weapons in drug deal)
• Hart v. United States, 324 F.3d 740 (D.C. Cir. 2003) (credibility determinations afforded deference)