United States v. Juarez
2010 U.S. App. LEXIS 23421
| 5th Cir. | 2010Background
- Juarez, a naturalized U.S. citizen with no prior criminal history, bought 25 firearms over about 13 months for a man known only as 'El Mano.'
- Most firearms were military-style assault weapons; two purchased guns were later found in the possession of gangs in Mexico.
- Juarez bought firearms by meeting El Mano, receiving money, using his vehicle, listing herself as the buyer on Form 4473, and providing a false address.
- She transferred the firearms to El Mano and was paid $200 per firearm; the arrangement ended when law enforcement became suspicious.
- She pleaded guilty to one count of making a false statement to a federally licensed firearms dealer; the PSR set a base offense level and adjustments.
- At sentencing, the Government sought two four-level enhancements under § 2K2.1(b)(5) and § 2K2.1(b)(6); the district court imposed both enhancements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2K2.1(b)(5) applied as a trafficking enhancement | Government: Juarez transferred two or more firearms with knowledge they would be used unlawfully. | Juarez: lacked knowledge or reason to believe firearms would be used unlawfully by El Mano. | The district court reasonably inferred knowledge to apply the enhancement; affirmed. |
| Whether § 2K2.1(b)(6) applied based on another felony offense | Government: illegal firearms smuggling into Mexico qualifies as another felony; also that Juarez knew or had reason to believe these firearms would be used in a felony. | Juarez: smuggling cannot be another felony offense under the guideline; insufficient knowledge to connect firearms to a felony. | The illegal smuggling offense qualifies as another felony offense under the current commentary; and the district court’s knowledge finding was plausible. |
| Standard of review and preservation for the § 2K2.1(b)(6) challenge | Review de novo for legal interpretation and clear error for factual findings. | Arguments on plain error due to preservation issues; asks for reversal on that ground. | The court reviews de novo legal questions and clear error for factual inferences; standard upheld. |
Key Cases Cited
- United States v. Green, 360 Fed.Appx. 521 (5th Cir. 2010) (distinguishes trafficking enhancement where multiple weapons transferred)
- United States v. Caldwell, 448 F.3d 287 (5th Cir. 2006) (review of reason to believe firearms would be used in a felony under former § 2K2.1(b)(5))
- United States v. Trujillo, 502 F.3d 353 (5th Cir. 2007) (standard for reviewing guidelines interpretations and factual findings)
- United States v. Perez, 585 F.3d 880 (5th Cir. 2009) (preservation and plain error review at sentencing)
- United States v. John, 597 F.3d 263 (5th Cir. 2010) (clarifies standards for appellate review at sentencing)
- United States v. Anderson, 559 F.3d 348 (5th Cir. 2009) (guidance on evaluating connection between firearms and felonies)
- United States v. Condren, 18 F.3d 1190 (5th Cir. 1994) (early interpretation of § 2K2.1(b)(6) framework)