United States v. Noe Reyes, Jr.

Court Case Details
Court Case Opinion

Case: 12-40075 Document: 00512030689 Page: 1 Date Filed: 10/24/2012

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

United States Court of Appeals

Fifth Circuit

F I L E D

October 24, 2012

No. 12-40075

Summary Calendar

Lyle W. Cayce

Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

NOE REYES, JR., also known as Noe Reyes,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:10-CR-944-2

Before REAVLEY, DAVIS, and OWEN, Circuit Judges.

*

PER CURIAM:

Noe Reyes, Jr., appeals his sentence following his guilty plea conviction for

possession with intent to distribute 178 kilograms of marijuana. He argues that

the district court clearly erred in applying the two-level enhancement for

possession of a firearm under U.S.S.G. § 2D1.1(b)(1).

“The district court’s determination that § 2D1.1(b)(1) applies is a factual

finding reviewed for clear error.” See United States v. Ruiz, 621 F.3d 390, 396

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Pursuant to 5

C

.

R.

47.5, the court has determined that this opinion should not

TH

IR

be published and is not precedent except under the limited circumstances set forth in 5

C

.

TH

IR

R.

47.5.4.

Case: 12-40075 Document: 00512030689 Page: 2 Date Filed: 10/24/2012

No. 12-40075

(5th Cir. 2010). A factual finding is not clearly erroneous if it is plausible in

light of the record as a whole. Id.

Our review of the record does not show that a connection between the

handguns and Reyes’s drug-related offense was “clearly improbable.” See

§ 2D1.1, comment. (n.3). To the contrary, this review shows “that a temporal

and spatial relation existed between the weapon, the drug trafficking activity,

and the defendant.” See United States v. Cisneros-Gutierrez, 517 F.3d 751, 764-

65 (5th Cir. 2008). Both the loaded handguns and the drugs were discovered in

Reyes’s home. The loaded handguns were discovered under the mattress in the

bedroom where Reyes slept, and the drugs were discovered in a back bedroom.

Moreover, Reyes pleaded guilty to possession with intent to distribute the

marijuana seized from in the back bedroom, and Reyes’s brother told agents that

Reyes coordinated the transportation of the marijuana found at his home. The

district court did not clearly err by imposing the two-level enhancement. See

Ruiz, 621 F.3d at 396.

Accordingly, the judgment of the district court is AFFIRMED.

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