U.S. v. Ramirez

Dist. Ct. did not err in imposing 160-month term of incarceration on drug conspiracy charge involving over 50 grams of meth, where said sentence was based in part on enhancement under section 2D1.1(b)(1) of USSG for possession of two firearms seized from houses used in drug conspiracy. While defendant argued that she did not possess said firearms, which were otherwise not foreseeable to her, Dist. Ct. could properly look to scale, scope, nature and defendant’s role in conspiracy to find that possession of said firearms by co-conspirators were foreseeable to her where: (1) defendant was engaged in daily activities of organization that involved large sums of money and drugs; (2) defendant regularly made deliveries to three houses that contained guns; and (3) defendant was arrested holding over $100,000 in meth. Also, Dist. Ct. did not commit plain error in failing to sua sponte apply safety-valve provisions of 18 USC section 3553(f), where issue as to whether instant firearm enhancement application served to preclude any eligibility for safety-valve treatment was one of first impression.