United States v. Renteria-Saldana, No. 13-1542 (8th Cir. 2014)
Annotate this CaseDefendant appealed his sentence after pleading guilty to conspiracy to distribute and possess with intent to distribute methamphetamine. The court concluded that the district court properly applied a two-level enhancement under U.S.S.G. 2D1.1(b)(1) for possession of a firearm where the district court found that defendant constructively possessed the firearm that was found and that it was not clearly improbable that the weapon was connected with defendant's drug trafficking offense. The district court also properly applied a two level enhancement under U.S.S.G. 2D1.1(b)(12) for maintaining a premises for the purpose of manufacturing or distributing a controlled substance. Accordingly, the court affirmed the sentence.
Court Description: Criminal case - Sentencing Guidelines. The district court did not err in imposing a two-level increase for possession of a firearm under Guidelines Sec. 2D1.1(b)(1) where the government showed defendant knowingly possessed the gun and that it was connected to the underlying drug trafficking scheme; nor did the court err in imposing a two-level increase under Guidelines Sec. 2D1.1(b)(12) for maintaining a drug house.
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