United States v. Marrufo
2011 U.S. App. LEXIS 20979
| 10th Cir. | 2011Background
- Marrufo was involved in a fatal January 16, 2009 shooting in Tularosa, NM; officers recovered a .380 Hi-Point pistol, shell casings, a live round, and a .380 magazine at the scene.
- He later admitted to possessing a firearm on January 16, 2009.
- Federal charges: one count of being a felon in possession of a firearm; sentence imposed based on applying 2K2.1(b)(6) to the possession.
- New Mexico charged him with seven tampering-with-evidence offenses and related counts; jurors acquitted on all but two tampering counts and felon-in-possession.
- District court found applicant possessed a firearm in connection with the tampering offense and increased offense levels by four under 2K2.1(b)(6); Marrufo appealed asking for reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 2K2.1(b)(6) applies when firearm possession facilitates another felony. | Government argues possession facilitated tampering with evidence. | Marrufo contends possession did not facilitate a separate offense. | Yes; possession facilitated tampering, so the enhancement applied. |
Key Cases Cited
- United States v. Nacchio, 573 F.3d 1062 (10th Cir. 2009) (guides statutory construction and plain meaning of terms)
- United States v. Hooks, 551 F.3d 1205 (10th Cir. 2009) (deference to district court's sentencing determinations)
- United States v. Smith, 508 U.S. 223 (Supreme Court 1993) (relevant to whether evidence or its relation to the offense facilitates)
- United States v. Gandy, 36 F.3d 912 (10th Cir. 1994) (definition of facilitate in context of crime)
- United States v. Taylor, 413 F.3d 1146 (10th Cir. 2005) (examples of when possession can facilitate other offenses)
- United States v. Constantine, 263 F.3d 1122 (10th Cir. 2001) (interpretation of ’in connection with’)