US v. Jesus Campo, No. 10-4900 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4900 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JESUS GUTIERREZ CAMPOS, a/k/a Juan Campos, a/k/a Pelon, Defendant Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:09-cr-00496-AJT-2) Submitted: June 16, 2011 Before NIEMEYER and Senior Circuit Judge. GREGORY, Decided: Circuit Judges, June 20, 2011 and HAMILTON, Affirmed by unpublished per curiam opinion. Gregory B. English, ENGLISH & SMITH, Alexandria, Virginia, for Appellant. Neil H. MacBride, United States Attorney, Lindsay A. Kelly, Daniel J. Grooms, III, Assistant United States Attorneys, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jesus Gutierrez Campos pled guilty to conspiracy to distribute cocaine imprisonment. by applying and was sentenced to 121 months He appeals, arguing that the district court erred the two-level enhancement for possession firearm in relation to a drug trafficking offense. of a He also contends that his attorney provided ineffective assistance by failing to argue for a below-Guidelines sentence based on his immigration factors. status and a consideration of the sentencing Finding no error, we affirm. The two-level firearm enhancement applies, unless it is clearly improbable offense. residence. weapon was connected with the A firearm was recovered from the bedroom of Campos He admitted that the firearm was his. were returning the U.S. Sentencing Guidelines Manual ยง 2D1.1(b)(1) cmt. n.3 (2009). drugs that found directly at the from residence, drug Campos transactions to Although no had been seen the residence. Based on the quantities of cocaine that Campos was selling, he apparently stored tens of thousands of dollars in drug proceeds at the residence. determining that The district court did not clearly err in it was not clearly improbable that the firearm was available to protect Campos and the money from theft and the risk of violence inherent in drug dealing. See United States v. Manigan, 592 F.3d 621, 629 (4th Cir. 2010) (upholding 2 enhancement so long as a firearm s location makes it readily available to protect either the participants themselves during the commission of the illegal activity or the drugs and cash involved in the drug business ) (internal quotations marks omitted); United States v. McAllister, 272 F.3d 228, 234 (4th Cir. 2001) (providing standard). Campos also contends that his attorney was ineffective for failing to Guidelines range. argue for a sentence below the advisory Ineffective assistance of counsel claims are not cognizable on direct appeal unless the record conclusively establishes counsel s constitutionally inadequate performance. United States v. Baldovinos, 434 F.3d 233, 239 (4th Cir. 2006). Because the record does not conclusively demonstrate that Campos counsel was ineffective, we decline to consider this claim on direct appeal. Accordingly, we affirm Campos sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 3
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