United States v. Victor Luna-Uscanga , 707 F. App'x 297 ( 2017 )


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  •      Case: 16-11809      Document: 00514286009         Page: 1    Date Filed: 12/27/2017
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    United States Court of Appeals
    Fifth Circuit
    No. 16-11809                                    FILED
    Summary Calendar                          December 27, 2017
    Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    VICTOR LUNA-USCANGA,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 3:15-CR-153-2
    Before BENAVIDES, SOUTHWICK, and COSTA, Circuit Judges.
    PER CURIAM: *
    Victor Luna-Uscanga appeals the 127-month sentence imposed following
    his guilty plea conviction for conspiracy to distribute five kilograms or more of
    cocaine.    He argues that the district court erred in applying a firearm
    enhancement pursuant to U.S.S.G. § 2D1.1(b)(1) because neither he nor his
    codefendant possessed the firearm in question. We review the district court’s
    * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH
    CIR. R. 47.5.4.
    Case: 16-11809     Document: 00514286009     Page: 2   Date Filed: 12/27/2017
    No. 16-11809
    interpretation of the Sentencing Guidelines de novo and its factual findings for
    clear error. United States v. Trujillo, 
    502 F.3d 353
    , 356 (5th Cir. 2007).
    Although nothing in the record links the firearm to any particular
    conspirator, “the evidence makes it plausible that a ‘weapon was present’ and
    that one of the conspirators possessed it.” United States v. Rodriguez-Guerrero,
    
    805 F.3d 192
    , 196 (5th Cir. 2015) (quoting § 2D1.1(b)(1), comment. (n.11(A))).
    As there was enough evidence to support that the weapon must have been
    possessed by one of the conspirators in furtherance of the conspiracy, the
    district court did not err in its factual findings or legal conclusions underlying
    the firearm enhancement. See 
    id. AFFIRMED. 2
    

Document Info

Docket Number: 16-11809

Citation Numbers: 707 F. App'x 297

Filed Date: 12/27/2017

Precedential Status: Non-Precedential

Modified Date: 1/13/2023