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Us. v. Guedea

United States Court of Appeals, Fifth Circuit
Jul 26, 2010
388 F. App'x 409 (5th Cir. 2010)

Opinion

No. 09-50908 Summary Calendar.

July 26, 2010.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

Judy Fulmer Madewell, Assistant Federal Public Defender, Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender's Office, San Antonio, TX, for Defendants-Appellant.

Appeal from the United States District Court for the Western District of Texas, No. 1:09-CR-219-2.

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.


Adolfo Guedea appeals the sentence imposed following his guilty plea conviction of possession of methamphetamine with intent to distribute and aiding and abetting. Finding no error, we affirm.

Guedea argues that the district court erred by enhancing his sentence for possession of a dangerous weapon under U.S.S.G. § 2D1.1(b)(1). The record shows that Guedea sold and delivered drugs for his brother, Luis Guedea Veloz, and collected money owed to Veloz for drugs. Guedea was involved in an extensive drug conspiracy that involved large quantities of drugs and money. Numerous weapons were found at locations where the drug activities had taken place. Ammunition was found at a location where Guedea had sold drugs and collected drug money owed to Veloz.

In light of these facts, the district court did not clearly err in finding that Veloz's possession of a dangerous weapon was reasonably foreseeable to Guedea. See United States v. Cisneros-Gutierrez, 517 F.3d 751, 765-66 (5th Cir. 2008). Consequently, the judgment is AFFIRMED.


Summaries of

Us. v. Guedea

United States Court of Appeals, Fifth Circuit
Jul 26, 2010
388 F. App'x 409 (5th Cir. 2010)
Case details for

Us. v. Guedea

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Adolfo GUEDEA…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 26, 2010

Citations

388 F. App'x 409 (5th Cir. 2010)