Sentence Enhanced Even With Unclaimed Gun

Even though there was no evidence directly tying the defendant to the weapon found in the same house as he, he was eligible for a two-level sentencing enhancement for possession of a shotgun.

 

United States v. Rodriguez-Guerrero, 2015 BL 357884, 5th Cir., No. 14-41289, 10/10/15

    The U.S. Court of Appeals for the 5th Circuit affirmed the trial judge's determination that there was enough of a "temporal and special relationship" between the weapon, the drug trafficking, and the defendant. The court said that, because the weapon was found along with bundles of marijuana, it was more likely that the weapon would be used by the defendant.

    The house where the arrest was made was a "stash house" and the only purpose for the defendant to be there was to protect the drug stash. The court ruled that "[b]ecause the only purpose of the house was for drugs, it was plausible to find that the only purpose of the weapon was to support the drug business."

http://www.bloomberglaw.com/public/desktop/document/United_States_v_RodriguezGuerrero_No_1441289_2015_BL_357884_5th_C?1450714340