United States v. Marquez
20-50915
| 5th Cir. | Jul 21, 2021Background:
- Jeremiah Hector Marquez pleaded guilty to conspiracy to possess with intent to distribute at least 500 grams of methamphetamine.
- The district court applied a 2-level enhancement under U.S.S.G. §2D1.1(b)(12) for maintaining a premises for drug distribution.
- Marquez did not object in district court; appellate review is therefore for plain error.
- Marquez argued the presentence report (PSR) lacked an evidentiary basis and contained only conclusory, unsupported statements failing to show the premises’ primary purpose was distribution.
- The district court adopted the PSR’s factual findings, which derived from law‑enforcement investigative reports and were unrebutted.
- The Fifth Circuit held any error was at least reasonably disputable given the PSR’s indicia of reliability and affirmed the enhancement and sentence.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the §2D1.1(b)(12) two‑level enhancement for maintaining a premises for drug distribution was properly applied | The enhancement was proper because the district court may adopt reliable PSR facts sourced to law‑enforcement reports and Marquez failed to rebut them | The PSR was conclusory and lacked specific, reliable evidence that the premises was maintained primarily for distribution | Affirmed: under plain‑error review the enhancement was not clear or obvious error; PSR facts were reliable and unrebutted |
Key Cases Cited
- United States v. Benitez, 809 F.3d 243 (5th Cir. 2015) (plain‑error review principles in sentencing challenges)
- Davis v. United States, 140 S. Ct. 1060 (2020) (standards for plain‑error review)
- United States v. Hearns, 845 F.3d 641 (5th Cir. 2017) (when a court may adopt PSR findings without further inquiry)
- United States v. Fuentes, 775 F.3d 213 (5th Cir. 2014) (PSR reliability where based on investigative reports)
- Puckett v. United States, 556 U.S. 129 (2009) (error is not plain if it is "subject to reasonable dispute")
- United States v. Randall, 924 F.3d 790 (5th Cir. 2019) (applying plain‑error standard to Guidelines enhancements)
- United States v. Vela, 927 F.2d 197 (5th Cir. 1991) (reliability of law‑enforcement reports in PSRs)