U.S. v. Zamudio

Dist. Ct. did not err in sentencing defendant to 300-month term of incarceration on drug conspiracy and money laundering conspiracy charges, where said sentence was based in part of Dist. Ct.’s calculation of drug quantity that was based on drugs found in defendant’s home and enhancements based on existence of loaded firearm found near said drugs and on finding that defendant had maintained drug premises. Police found 10.961 kilograms of pure methamphetamine stored throughout defendant’s garage, and even though defendant argued that he was unaware of presence of said drugs because his brother had stored them, Dist. Ct. could properly attribute at least 4.5 kilograms of said drugs to defendant, where: (1) defendant stated to agents that he allowed brother to store said drugs in his garage over several months and had stored said drugs pursuant to brother’s directives; and (2) Dist. Ct. had found that defendant had coordinated drugs sales for conspiracy, had agreed to assist brother in all aspects of conspiracy, and dealt with drug proceeds. Also, firearm enhancement was appropriate, where: (1) loaded firearm was found in defendant’s car near pound of methamphetamine and digital scale; and (2) instant close proximity of firearm to drugs generated presumption that firearm was used in connection with instant drug trafficking offense. Too, Dist. Ct. could properly find that defendant had maintained drug premises based on large quantify of drugs found at his home, and on his statement that drugs had been stored in his garage for two to three months prior to his arrest.