USA v. Adolfo Guedea

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USA v. Adolfo Guedea Doc. 0 Case: 09-50908 Document: 00511185216 Page: 1 Date Filed: 07/26/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 09-50908 S u m m a r y Calendar July 26, 2010 Lyle W. Cayce Clerk U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e , versu s A D O L F O GUEDEA, D e fe n d a n t -A p p e lla n t . A p p e a l from the United States District Court fo r the Western District of Texas N o . 1:09-CR-219-2 B e fo r e DAVIS, SMITH, and SOUTHWICK, Circuit Judges. P E R CURIAM:* A d o lfo Guedea appeals the sentence imposed following his guilty plea conv ic t io n of possession of methamphetamine with intent to distribute and aiding 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Dockets.Justia.com Case: 09-50908 Document: 00511185216 Page: 2 No. 09-50908 Date Filed: 07/26/2010 a n d abetting. Finding no error, we affirm. Guedea argues that the district court erred by enhancing his sentence for p o s s e s s io n of a dangerous weapon under U.S.S.G. 2D1.1(b)(1). The record s h o w s that Guedea sold and delivered drugs for his brother, Luis Guedea Veloz, a n d collected money owed to Veloz for drugs. Guedea was involved in an extens iv e drug conspiracy that involved large quantities of drugs and money. Numero u s 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 d r u g money owed to Veloz. In light of these facts, the district court did not clearly err in finding that V e lo z '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). C o n s e q u e n t ly , the judgment is AFFIRMED. 2

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