United States v. Joseph Rojas
699 F. App'x 432
| 5th Cir. | 2017Background
- Defendant Joseph Ignacio Rojas appealed sentence for conspiracy to possess with intent to distribute a controlled substance.
- District court applied a two-level firearms enhancement under U.S.S.G. § 2D1.1(b)(1) after agents found a loaded handgun in Rojas’s bedroom near a safe containing $27,104 in drug proceeds; supplier reported seeing Rojas with a firearm.
- Drug paraphernalia and proceeds were found in multiple rooms of Rojas’s house; no drugs were found in the bedroom where the gun was recovered.
- Rojas’s common-law wife testified she owned and possessed the gun; the district court found her testimony not credible.
- The presentence report (PSR) stated Rojas obtained meth from a supplier, communicated with buyers, used a co‑conspirator’s home for storage/distribution, and the co‑conspirator retrieved drugs for Rojas.
- Rojas challenged both the firearm enhancement and a three-level role enhancement under U.S.S.G. § 3B1.1(c) (leader/organizer).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2D1.1(b)(1) firearm enhancement was proper | Rojas: enhancement improper because no drugs were found in the bedroom and supplier credibility is doubtful | Government: weapon was spatially/temporally related to trafficking (gun near proceeds, supplier saw gun, paraphernalia in house) | Court affirmed: finding of possession plausible; no clear error |
| Whether § 3B1.1(c) leader/organizer enhancement was proper | Rojas: PSR lacks specific facts showing control; he and co‑conspirator were equally culpable | Government: PSR shows Rojas obtained drugs, communicated with buyers, used co‑conspirator’s home, and directed the co‑conspirator | Court affirmed: PSR and record support finding Rojas was leader/organizer; no clear error |
Key Cases Cited
- United States v. Trujillo, 502 F.3d 353 (5th Cir. 2007) (standard of review; factual findings plausible in light of record)
- United States v. Ruiz, 621 F.3d 390 (5th Cir. 2010) (temporal and spatial relation test for firearm possession under § 2D1.1(b)(1))
- United States v. Hooten, 942 F.2d 878 (5th Cir. 1991) (weapon found where drugs/paraphernalia stored supports enhancement)
- United States v. McKeever, 906 F.2d 129 (5th Cir. 1990) (proximity of weapon to drug proceeds supports inference of possession)
- United States v. Cabrera, 288 F.3d 163 (5th Cir. 2002) (district court may rely on PSR for sentencing findings)