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: Tenth Circuit Blog

Sentencing Enhancement Based on Co-Defendant's Possession of Guns Upheld

By Shari Allison

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U.S. v. Moreira, 2008 WL 4787157 (11/4/08) (unpub'd) - The two-level enhancement for firearm possession in connection with a drug trafficking offense applied where guns were hidden in co-conspirators' homes with drugs, even though there was no evidence the defendant knew about the guns. The gun possession was reasonably foreseeable because the DEA agent testified large narcotics traffickers almost always carry weapons with them. Apparently there was no evidence the defendant was aware of that nugget of wisdom.

Full post as published by Tenth Circuit Blog on November 14, 2008 (boomark / email).

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