United States v. Roger Miguel Borjas-Andrade

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
July 25, 2008
No. 07-15422 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 07-00151-CR-T-30-EAJ
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROGER MIGUEL BORJAS-ANDRADE,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(July 25, 2008)
Before CARNES, BARKETT and WILSON, Circuit Judges.
PER CURIAM:
Roger Miguel Borjas-Andrade appeals his sentence of 87 months’
imprisonment for conspiracy to possess with intent to distribute, and possession
with intent to distribute, at least five kilograms of cocaine while onboard a vessel
subject to the jurisdiction of the United States, in violation of 18 U.S.C. § 2,
21 U.S.C. § 960(b)(1)(B)(ii), and 46 U.S.C. §§ 70503, 70506. Borjas-Andrade
argues that the district court improperly increased his offense level for possession
of a dangerous weapon pursuant to U.S.S.G. § 2D1.1(b)(1).
Under the Guidelines, if a defendant possesses a dangerous weapon in
relation to a drug offense, his offense level is increased by 2 levels. U.S.S.G.
§ 2D1.1(b)(1). The commentary provides that the weapon enhancement should be
applied if a weapon was present, unless it was clearly improbable that the weapon
was connected to the offense, and gives an unloaded hunting rifle in a residential
closet as an example of clear improbability. Id. comt. n.3.
Here, the district court properly applied the § 2D1.1(b)(1) enhancement for
the presence of dangerous weapons, because two weapons were available to protect
the 4,200 pounds of cocaine onboard the subject vessel. Accordingly, we affirm.
AFFIRMED.
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