United States v. Zamudio, No. 20-3016 (7th Cir. 2021)
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Following an investigation of an Indianapolis‐based drug trafficking organization, the government secured a warrant to search Zamudio’s residence, where they found large amounts of methamphetamine, a digital scale, and a loaded firearm. Zamudio pled guilty to two drug‐related offenses and was sentenced to 300 months’ imprisonment. Zamudio challenged the calculation of his base offense level based on the amount of drugs attributed to him, the court’s application of a 2‐level firearm enhancement. and the court’s application of a 2‐level enhancement for maintaining drug premises.
The Seventh Circuit affirmed. Based on the government’s factual basis for the plea, the PSR, and an agent’s testimony, the district court found that Zamudio coordinated the sale of drugs to co‐conspirators, agreed (in text messages) to assist his brother in all aspects of the conspiracy, allowed large amounts of drugs and drug proceeds to be stored in his home; served as an interpreter in drug transactions, and picked up drug proceeds and wired the proceeds to the source in Mexico. Zamudio played a large role in the conspiracy; the drug amounts were reasonably foreseeable to him. Because the gun was found in close proximity to illegal drugs, it is presumed to have been used in connection with the drug trafficking offense.
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