United States v. Muniz Ochoa; United States v. Trill, No. 10-2486 (8th Cir. 2011)
Annotate this CaseDefendants, Jorge Giovani Muniz Ochoa and Elvis Montes Trill, and nine others, were charged with conspiracy to distribute 500 grams or more of methamphetamine and 50 grams or more of actual methamphetamine in violation of 21 U.S.C. 841(a)(1), (b)(1)(A), and 846. Defendants appealed the district court's application of a 2-level enhancement under U.S.S.G. 2D1.1(b)(1) for a drug-trafficking sentence involving possession of a dangerous weapon. Muniz Ochoa also appealed the trial court's denial of safety-valve relief from the statutory minimum sentence. The court held that the district court did not clearly err in apply the enhancement where the undisputed facts were more than sufficient to support a finding that Trill and his conspirators were in actual and constructive possession of a dangerous weapon in connection with their drug trafficking offense and where Trill conceded in the district court that the enhancement made him ineligible for safety-valve relief. The court further held that there was overwhelming evidence that Muniz Ochoa was in constructive possession of the loaded firearm with 81.4 grams of actual methamphetamine in the dashboard compartment of the vehicle he was a passenger in and therefore, safety-valve relief was properly denied. Accordingly the judgments of the district court were affirmed.
Court Description: Criminal case - Sentencing. District court did not err in imposing a two- level enhancement under Guidelines Sec. 2 D.1(b)(1) for possession of a firearm; as a result, defendants were ineligible for safety-valve relief.
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