United States v. Juan Fletcher Gordillo
920 F.3d 1292
11th Cir.
2019

Background

  • Gordillo, a Guatemalan citizen who overstayed a visa, admitted possession of multiple firearms and ammunition after ICE encountered him at home; agents recovered a locked Colt AR-15 in a case in the master bedroom and four 30‑round magazines in a gun‑range bag about ten feet away.
  • He was indicted and pled guilty to one count of possession of a firearm and ammunition by an alien unlawfully in the United States (18 U.S.C. § 922(g)(5)(A)).
  • The Presentence Investigation Report applied U.S.S.G. § 2K2.1(a)(4)(B) to set a base offense level of 20 because the offense involved a semiautomatic weapon capable of accepting a large‑capacity magazine; adjustments produced a total offense level of 19 and a Guidelines range of 30–37 months.
  • Gordillo objected, arguing Application Note 2’s “close proximity” requirement was not met because the AR‑15 was locked in a case and the magazines were in a separate bag across the room; he alternatively argued for a lower base level under § 2K2.1(a)(6) and sought a variance.
  • The district court found, by a preponderance of the evidence, that the magazines were about ten feet from the AR‑15 in the same small bedroom and therefore in “close proximity,” sentenced Gordillo to 24 months’ imprisonment, and denied the objection to the base level.
  • The Eleventh Circuit affirmed, holding that “close proximity” encompasses physical nearness and accessibility, and that ten feet in the same room (even with the gun locked in a case) satisfied the Guidelines’ proximity requirement.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether a high‑capacity magazine in a separate bag ~10 feet from a locked AR‑15 is in “close proximity” under U.S.S.G. § 2K2.1, App. Note 2 The magazine was not in close proximity because the firearm was locked and in a case and the magazines were in a separate container The magazines were physically proximate and accessible enough in the same small bedroom to satisfy the Note Affirmed: “close proximity” includes physical nearness and accessibility; ten feet in the same room suffices despite a locked case

Key Cases Cited

  • United States v. Smith, 231 F.3d 800 (11th Cir. 2000) (standard of review for Guidelines application)
  • United States v. Cruickshank, 837 F.3d 1182 (11th Cir. 2016) (clear‑error standard for factual findings)
  • United States v. Ghertler, 605 F.3d 1256 (11th Cir. 2010) (deference to district court factfinding)
  • United States v. Cruz, 713 F.3d 600 (11th Cir. 2013) (authority of Guidelines commentary)
  • United States v. Turner, 626 F.3d 566 (11th Cir. 2010) (interpretation of Guidelines language)
  • United States v. Perez, 366 F.3d 1178 (11th Cir. 2004) (consistent usage canon for Guidelines)
  • United States v. Davis, 668 F.3d 576 (8th Cir. 2012) (discussing 2006 amendments to § 2K2.1)
  • United States v. Carillo‑Ayala, 713 F.3d 82 (11th Cir. 2013) (proximity as proxy for potential to facilitate another offense)
  • United States v. Lopez‑Garcia, 565 F.3d 1306 (11th Cir. 2009) (consideration of accessibility and physical proximity in proximity analysis)
  • United States v. Trujillo, 146 F.3d 838 (11th Cir. 1998) (proximate location of firearm and contraband)
  • United States v. Flennory, 145 F.3d 1264 (11th Cir. 1998) (accessibility and quick retrieval as factors supporting connection)
  • United States v. Hall, 46 F.3d 62 (11th Cir. 1995) (weapon found in same room as drug‑related items supports connection)
  • Stinson v. United States, 508 U.S. 36 (1993) (Guidelines commentary is authoritative unless inconsistent with statute or Constitution)
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