United States v. Ramiro Suarez
655 F. App'x 549
9th Cir.2016Background
- Defendant Ramiro Suarez pleaded guilty to conspiracy and multiple drug offenses under 21 U.S.C. §§ 841 and 846, and to being an alien in possession of a firearm under 18 U.S.C. § 922(g)(5)(A).
- District court sentenced Suarez to 216 months’ imprisonment; Suarez appealed his sentence under 18 U.S.C. § 3742 and 28 U.S.C. § 1291.
- At sentencing the court applied a 2-level sentencing enhancement under U.S.S.G. § 3B1.1(c) for a leadership role in the conspiracy.
- The court also applied a 2-level enhancement under U.S.S.G. § 2D1.1(b)(1) for possession of firearms found in a locked compartment under Suarez’s bed.
- Police found multiple guns at Suarez’s home, where drug transactions, large quantities of drugs, and other trafficking evidence were discovered; only Suarez, his wife, and children lived there.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3B1.1(c) enhancement was proper for leadership/management role | Government: Suarez exercised management responsibility over organization’s property/assets, warranting § 3B1.1(c) enhancement | Suarez: Management of property alone is insufficient; enhancement requires control over other participants | Reversed — district court misinterpreted § 3B1.1; some control over others is required before applying enhancement |
| Whether § 2D1.1(b)(1) 2-level firearms enhancement was proper | Government: Firearms found at Suarez’s residence during drug activity show possession connected to offense | Suarez: Firearms in locked compartment were not clearly connected to the drug offenses; enhancement should not apply | Affirmed — district court did not clearly err; facts support finding firearms connected to drug offense |
Key Cases Cited
- United States v. Smith, 719 F.3d 1120 (9th Cir. 2013) (standard of review and guidelines interpretation)
- United States v. Bonilla-Guizar, 729 F.3d 1179 (9th Cir. 2013) (§ 3B1.1 requires control/organizational authority over others)
- United States v. Mares–Molina, 913 F.2d 770 (9th Cir. 1990) (requirement of control over others for role enhancement)
- United States v. Whitney, 673 F.3d 965 (9th Cir. 2012) (distinguishing upward departures based on asset control from guideline-computation enhancements)
- United States v. Ferryman, 444 F.3d 1183 (9th Cir. 2006) (defendant bears burden to show it is clearly improbable weapon was connected to offense)
- United States v. Pitts, 6 F.3d 1366 (9th Cir. 1993) (broad constructive-possession standard; court may consider entire course of criminal conduct)
- United States v. Boykin, 785 F.3d 1352 (9th Cir. 2015) (constructive-possession analysis requires sufficient connection showing dominion and control)
- United States v. Kelso, 942 F.2d 680 (9th Cir. 1991) (constructive-possession precedent)
- United States v. Kyllo, 37 F.3d 526 (9th Cir. 1994) (upholding weapons enhancement where guns found with a marijuana grow operation)
- United States v. Lopez-Sandoval, 146 F.3d 712 (9th Cir. 1998) (upholding enhancement based on weapons found at residence used in drug transactions)