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

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
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