United States v. Jose Perez
24-1286
| 8th Cir. | Mar 28, 2025Background
- Jose S. Perez was charged with conspiracy to distribute methamphetamine and cocaine, possession with intent to distribute methamphetamine, and possessing a firearm in furtherance of a drug trafficking crime.
- Perez pleaded guilty to the conspiracy and drug possession charges; the firearm charge was dismissed on the government's motion.
- The district court sentenced Perez to concurrent 168-month sentences, based in part on applying sentencing enhancements for maintaining a drug premises and firearm possession.
- Perez appealed, contesting the application of these guideline enhancements.
- The evidence included Perez's use and control of a house used for drug storage/distribution and the discovery of a firearm in that house, along with drugs.
Issues
| Issue | Perez's Argument | Government's Argument | Held |
|---|---|---|---|
| Drug premises enhancement | Did not own/rent or control house | Sufficient control and use for drug activities | Enhancement proper; ownership not required |
| Firearm possession enhancement | Clearly improbable he possessed firearm | Firearm constructively possessed, nexus established | Enhancement proper based on evidence |
| Consideration of dismissed conduct | Gov't dropped charge, should not be considered | Guidelines allow all proven conduct | Dismissed charge does not preclude consideration |
| Timeliness of PSR objections | District court abused discretion denying motion | None (not reached by court on merits) | Not considered; objections overruled on merits |
Key Cases Cited
- United States v. Anwar, 880 F.3d 958 (8th Cir. 2018) (explains factors for maintaining a drug premises enhancement)
- United States v. Escobar, 909 F.3d 228 (8th Cir. 2018) (sets forth spatial and temporal nexus for firearm enhancement)
- United States v. Voelz, 66 F.4th 1155 (8th Cir. 2023) (discusses what is required to prove connection between firearm and drug offense)
- United States v. Garcia, 772 F.3d 1124 (8th Cir. 2014) (clarifies location-based nexus for weapon enhancements)
- United States v. Fladten, 230 F.3d 1083 (8th Cir. 2000) (no need for direct weapon use to support firearm enhancement)