Wednesday, June 28, 2017

Evidence Supports Two-Level Gun Enhancement Following Conspiracy Conviction

US v. Mondragon: Mondragon was convicted of conspiracy to distribute meth and possession with intent to distribute meth. The conspiracy ran from 2012 until 2014. Among the evidence presented at trial was testimony from Mondragon's "closest associate," Carroll, who testified that once at Mondragon's apartment he saw Mondragon "break down" a revolver while, at another time, Mondragon told stories of having killed people in Mexico. Another witness, Young, testified that he saw Mondragon with a gun "a couple of times in the past." Based on that evidence, Mondragon's advisory Guideline range was enhanced for the possession of a weapon.

The Fourth Circuit affirmed the sentence on appeal. Mondragon argued that the Government failed to carry its burden on the gun enhancement by showing that the firearms had any relation to drug trafficking activity. The court rejected that argument, holding that the testimony of Carroll (who only knew Mondragon during the conspiracy) proved that a gun was present during the conspiracy. Furthermore, the district court did not clearly error by concluding that there was a linkage between the gun and the conspiracy. Because Mondragon "did not even attempt to rebut the government's showing," the enhancement was proper. The court also rejected an argument, made for the first time at oral argument, that the evidence of possession was insufficient because it was based on statements made in the PSR, rather than trial - statements which Mondragon did not challenge as false.

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