57 F.4th 32
1st Cir.2023Background
- Police investigated drug activity at Los Mirtos public housing after a confidential informant identified Unit 97 as selling drugs for defendant Andy Melendez-Rosado of Unit 85.
- Surveillance over two days showed transfers/sales involving Unit 85 and Unit 97; officers executed a search of Unit 85 and found retail-style quantities of drugs (including 682 heroin baggies), fentanyl, crack being cooked, drug paraphernalia, cash, a loaded .40-caliber firearm, and three loaded magazines; two children and others were present.
- Melendez admitted ownership of the drugs and firearm, admitted he controlled a drug point, and waived Miranda; tested drug weights were recorded.
- Melendez pleaded guilty to possession with intent to distribute cocaine base (count 2) and to possessing a firearm in furtherance of a drug trafficking crime (count 4). The PSI applied a two-level "stash-house" enhancement under USSG §2D1.1(b)(12); it also assigned six criminal-history points (CHC III).
- At sentencing the district court adopted the PSI, imposed the two-level enhancement, and sentenced Melendez to 87 months on the drug count followed by a consecutive 60 months on the §924(c) count; Melendez appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of two-level stash-house enhancement (USSG §2D1.1(b)(12)) | Gov't: Premises can have multiple principal uses; totality of facts (inventory, paraphernalia, surveillance, admissions, firearm) shows drug distribution was a principal use | Melendez: Apartment was principally a family residence; distribution was incidental, so enhancement inapplicable | Court: Premises may have more than one principal use; facts support that distribution was a principal use; enhancement proper. |
| Reliance on surveillance information in PSI footnote | Gov't: Surveillance evidence, as reflected in PSI, supports distribution findings; any objection waived | Melendez: Probation officer gave no foundation for surveillance entries in PSI; reliance was error | Court: Objection likely waived; even reviewing for plain error, other unchallenged evidence independently supports the enhancement—no reversible error. |
| Criminal-history point for prior diversionary disposition | Gov't: PSI documents supported point | Melendez: Prior offense dismissed under diversion; no guilty plea so point improper | Court: Even if point erroneous, Melendez still in CHC III on five undisputed points; the disputed point did not affect sentencing—harmless. |
| Substantive reasonableness of sentence | Gov't: Sentence within properly calculated Guidelines and justified by §3553(a) factors | Melendez: Sentence unreasonable, partly because of the stash-house enhancement | Court: Sentence (low end of Guidelines) rests on plausible rationale and is defensible given drug quantities, firearm, children present—substantively reasonable. |
Key Cases Cited
- United States v. Galicia, 983 F.3d 842 (5th Cir. 2020) (holds premises may have multiple principal uses for stash-house enhancement)
- United States v. Lozano, 921 F.3d 942 (10th Cir. 2019) (applies stash-house enhancement where residence also functioned as distribution hub)
- United States v. Miller, 698 F.3d 699 (8th Cir. 2012) (discusses application-note comparison of lawful and unlawful uses; applies enhancement)
- United States v. Soto-Villar, 40 F.4th 27 (1st Cir. 2022) (defendant who occupies and controls premises "maintains" them for enhancement purposes)
- United States v. Jones, 778 F.3d 375 (1st Cir. 2015) (distribution-as-principal-use is a fact-intensive inquiry under the totality of circumstances)
- United States v. Ramirez-Frechel, 23 F.4th 69 (1st Cir. 2022) (treats firearms and loaded magazines as tools of the drug-distribution trade)
- Holguin-Hernandez v. United States, 140 S. Ct. 762 (2020) (standard of appellate review for substantive-reasonableness claims)