United States v. Ricardo Vega
2013 U.S. App. LEXIS 15321
| 8th Cir. | 2013Background
- Ricardo Vega, a felon, pleaded guilty to being a felon in possession of a firearm; sentenced to 108 months (bottom of Guidelines range).
- Burglars stole 37 firearms from Sturm’s Indoor Gun Range; police found three handguns in Vega’s home.
- Vega admitted he acted as the lookout during the burglary and that the three guns he possessed were obtained when the three participants divided the stolen guns in a parking lot.
- PSR ¶14 described Vega’s admissions about participating in the burglary, serving as lookout, and dividing the stolen firearms.
- At sentencing Vega objected to two Guidelines enhancements but did not dispute the underlying factual admissions: (1) a §2K2.1(b)(1)(C) enhancement for an offense involving 25–99 firearms (based on relevant-conduct grouping), and (2) a §2K2.1(b)(6)(B) enhancement for possession in connection with another felony (the commercial burglary).
- The Eighth Circuit reviewed factual findings for clear error and one Guidelines interpretation de novo and affirmed the district court’s imposition of both enhancements.
Issues
| Issue | Plaintiff's Argument (Vega) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Whether Vega’s offense "involved" 25–99 firearms under §2K2.1(b)(1)(C) | Vega argued he only possessed the three guns later found in his home and thus not 25–99 firearms | The government argued relevant-conduct principles permit counting the 37 guns divided among the three participants as jointly possessed during the course of the offense | Court held district court did not clearly err; circumstantial evidence supported constructive/joint possession of all 37 firearms |
| Whether §2K2.1(b)(6)(B) enhancement applies when defendant was an accomplice who did not personally "find and take" a gun during the burglary | Vega argued Application Note 14(B)(i)’s phrase "finds and takes a firearm" requires the defendant personally to find/take a firearm during the burglary; he received guns only after burglary ended | Government argued accomplice liability and relevant-conduct principles make Vega responsible for firearms his co-actors found/took during the burglary | Court held enhancement applies; accomplice’s joint criminal activity makes him personally responsible for co-actors’ finding/taking of firearms and the enhancement was proper |
Key Cases Cited
- United States v. Smart, 501 F.3d 862 (8th Cir.) (standard of review and relevant precedent on Guidelines issues)
- United States v. Mahone, 688 F.3d 907 (8th Cir.) (relevant-conduct and grouping principles under §1B1.3)
- United States v. Cole, 525 F.3d 656 (8th Cir.) (defendant need not be charged with conduct that would group with offense of conviction)
- United States v. Byas, 581 F.3d 723 (8th Cir.) (actual vs. constructive and joint possession principles)
- United States v. Koskela, 86 F.3d 122 (8th Cir.) (circumstantial evidence can support constructive possession)
- United States v. McCraney, 612 F.3d 1057 (8th Cir.) (joint possession and relevant-conduct application)
- United States v. Willett, 623 F.3d 546 (8th Cir.) (interpreting a different §2K2.1 enhancement and application-note limits on defendant’s conduct)