United States v. Robert Rosales
697 F. App'x 420
| 5th Cir. | 2017Background
- Rosales pled guilty to conspiracy to possess with intent to distribute ≥50 grams methamphetamine; PSR converted quantity to a base offense level of 38.
- PSR added a two-level enhancement under U.S.S.G. §2D1.1(b)(12) for "maintaining a premises" for manufacturing/distributing a controlled substance; Rosales objected.
- Facts in the PSR/Addendum: agents observed Rosales leave his rental residence to sell 1 kilogram of methamphetamine; 85 grams of methamphetamine and a digital scale were found in the residence.
- Rosales conceded control of the premises but argued (1) distribution was not a primary use of the residence given his lawful uses, and (2) the 85 grams were for heavy personal use, not distribution.
- District court adopted the PSR, overruled the objection, and sentenced Rosales to 360 months (statutory maximum within the Guidelines range). Rosales appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §2D1.1(b)(12) enhancement applies for "maintaining a premises" used to distribute drugs | Rosales: storing 85 g and other facts were incidental; lawful uses outweigh illicit use so distribution was not a primary use | Government/District Court: evidence (observed sale, 85 g, scale, control of premises) shows distribution was a primary use | Enhancement upheld — factual finding not clearly erroneous; PSR evidence plausible and unrebutted |
| Whether 85 grams in the residence was necessarily personal-use, precluding enhancement | Rosales: 85 g is large but could be personal given heavy use | Government: presence of scale and observed 1 kg sale indicate distribution activity beyond personal use | Court rejected Rosales’s claim; total record supports distribution purpose |
Key Cases Cited
- United States v. Haines, 803 F.3d 713 (5th Cir. 2015) (standard of review: factual findings reviewed for clear error)
- United States v. Jeffries, 587 F.3d 690 (5th Cir. 2009) (factual findings plausible in light of record)
- United States v. Carbajal, 290 F.3d 277 (5th Cir. 2002) (PSR information presumed reliable absent competent rebuttal)
- United States v. Cervantes, 706 F.3d 603 (5th Cir. 2013) (defendant bears burden to show PSR inaccuracies)
- United States v. Guzman-Reyes, 853 F.3d 260 (5th Cir. 2017) (distribution can be a primary use based on frequency and evidence)