United States v. Galicia, No. 20-40200 (5th Cir. 2020)
Annotate this CaseThe Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to knowingly and intentionally possessing with intent to distribute more than 100 kilograms of marijuana. The court affirmed the district court's application of a sentencing enhancement under USSG 2D1.1(b)(12) for maintaining a premises to distribute drugs because one of the primary uses for defendant's premises was the distribution of drugs. Therefore, the court rejected defendant's contention that he stored drugs in his garage on an infrequent basis and only for brief periods of time. In this case, defendant admitted to storing drugs in his garage on at least three occasions. Furthermore, the discovery of two scales in his storage sheds, along with the positive detection of narcotics by an odor-sniffing canine, indicates that defendant may not have strictly limited his drug storage activities to the garage, leaving open the possibility that his residence was used to store drugs on other occasions.
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