United States v. Patricio Renteria-Saldana
2014 U.S. App. LEXIS 11728
8th Cir.2014Background
- Renteria-Saldana pleaded guilty to conspiracy to distribute methamphetamine and was sentenced to 210 months’ imprisonment plus five years’ supervised release.
- Police stopped him in March 2012; searches of his car and the Dorcas Street "stash house" yielded methamphetamine, drug records, a loaded 9mm firearm under the kitchen sink, a scale, and $34,000 seized from his residence.
- Renteria-Saldana had a key to the stash house, paid its utilities, regularly retrieved drugs stored under the sink, and transported drug-sale proceeds to the house.
- A presentence report and police reports (admitted at sentencing) described his role: two co-conspirators left him in charge; calls notified him when drops arrived and when buyers were coming.
- At sentencing the district court applied two two-level enhancements under USSG §2D1.1: (1) possession of a dangerous weapon and (2) maintaining a premises for distribution. Renteria-Saldana appealed arguing procedural error in guideline calculations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the §2D1.1(b)(1) two-level firearm enhancement was proper | Renteria-Saldana contended the court erred in finding he possessed the loaded handgun and that it was connected to the drug offense | Government argued constructive possession and a sufficient nexus to the drug activity because gun was loaded and located with drugs and paraphernalia in the stash house | Court affirmed: constructive possession supported by keys, dominion, and access; not clearly improbable the gun related to trafficking, so enhancement proper |
| Whether the §2D1.1(b)(12) two-level premises-maintenance enhancement was proper | Renteria-Saldana disputed that he "maintained" the stash house for distribution | Government argued he exercised control (key, paid utilities), operated from the house, regularly picked up drugs and stored proceeds there, and house lacked other uses | Court affirmed: factors show control and operation of drug business from the house; enhancement proper |
Key Cases Cited
- United States v. Anderson, 618 F.3d 873 (8th Cir. 2010) (elements for applying weapon enhancement)
- United States v. McCracken, 110 F.3d 535 (8th Cir. 1997) (constructive possession implies knowing possession)
- United States v. Saddler, 538 F.3d 879 (8th Cir. 2008) (firearms as tools of the drug trade supports inference of knowledge)
- United States v. Garcia, 703 F.3d 471 (8th Cir. 2013) (possession and nexus to drug trafficking sufficient for enhancement)
- United States v. Fiala, 929 F.2d 285 (7th Cir. 1991) (discusses knowledge requirement for constructive possession)