United States v. Tan Vang
3 F.4th 1064
| 8th Cir. | 2021Background:
- A confidential informant led police to Vang's co-conspirators and then to Vang; police found ~294 pounds of marijuana in one‑pound bags in Vang’s basement, drug ledgers, money, and a loaded handgun in a concealable holster in his upstairs bedroom; Vang admitted the gun was his.
- Indicted for conspiracy to distribute >100 kg marijuana (21 U.S.C. §§ 846, 841(b)(1)(B)) and possession of a firearm in furtherance of drug trafficking (18 U.S.C. § 924(c)); pleaded guilty to the conspiracy three days before trial; went to trial on the § 924(c) count and was convicted.
- PSR estimated Vang distributed ~1,136 pounds of marijuana (base offense level 26); the district court found the operation larger based on CI visits, ledgers, and money and increased the base offense level to 30.
- The district court denied a two‑level reduction for acceptance of responsibility because Vang pleaded only days before trial and contested the § 924(c) element that the gun was used in furtherance of the conspiracy.
- Sentenced to 110 months on the conspiracy count and a consecutive 60 months on the § 924(c) count; Vang appeals the § 924(c) sufficiency, the drug‑quantity finding, and the denial of acceptance credit.
Issues:
| Issue | Government's Argument | Vang's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that the handgun was possessed in furtherance of drug trafficking (§ 924(c)) | Proximity of gun to drug ledgers and money in same bedroom, expert testimony linking guns to drug operations, and overall scale support a nexus | Presence of gun alone insufficient; no direct link to basement stash two floors below | Affirmed — jury could infer nexus from gun near ledgers/money, expert testimony, and proximity to drug‑related items |
| Drug‑quantity attribution at sentencing | District court’s finding that CI saw replenished 300‑lb stashes across multiple visits, plus ledgers and cash, makes higher quantity plausible | PSR and defense supported a lower total (base level 26); evidence insufficient to prove the larger quantity | Affirmed — district court’s drug‑quantity finding was plausible in light of the record (clear‑error standard) |
| Acceptance of responsibility credit | Late guilty plea and contesting factual element of § 924(c) required government to prove that gun was used in furtherance, so credit inappropriate | Guilty plea to conspiracy and admission of possessing firearm show acceptance; timeliness is only one factor | Affirmed — denial proper given eleventh‑hour plea and continued dispute over the § 924(c) element that forced trial |
Key Cases Cited
- United States v. Sanchez-Garcia, 461 F.3d 939 (8th Cir. 2006) (proximity of firearm to drug activity and expert testimony can establish nexus to drug trafficking)
- United States v. Druger, 920 F.3d 567 (8th Cir. 2019) (firearm need not be next to drugs; nexus can be shown by proximity to other drug‑related items)
- United States v. Robinson, 617 F.3d 984 (8th Cir. 2010) (evidence that firearm was used for protection, kept near drugs, or in proximity during transactions supports § 924(c) conviction)
- United States v. Rush-Richardson, 574 F.3d 906 (8th Cir. 2009) (guns found in bedroom closets near rooms with drugs and paraphernalia supported nexus)
- United States v. Wattree, 431 F.3d 618 (8th Cir. 2005) (timeliness of plea and whether defendant contests factual guilt are central to acceptance‑of‑responsibility analysis)
- United States v. Greger, 339 F.3d 666 (8th Cir. 2003) (credit for acceptance may be denied if defendant contests factual elements of offenses)
- United States v. Mesner, 377 F.3d 849 (8th Cir. 2004) (sentencing fact findings on drug quantity reviewed for clear error)
- United States v. Farrington, 499 F.3d 854 (8th Cir. 2007) (district court findings upheld if plausible in light of the record)