United States v. Roger Miguel Borjas-Andrade

U.S. Court of Appeals for the Eleventh Circuit
United States v. Roger Miguel Borjas-Andrade, 285 F. App'x 698 (11th Cir. 2008)

United States v. Roger Miguel Borjas-Andrade

Opinion

PER CURIAM:

Roger Miguel Borjas-Andrade appeals his sentence of 87 months’ imprisonment for conspiracy to possess with intent to distribute, and possession with intent to distribute, at least five kilograms of cocaine while onboard a vessel subject- to the jurisdiction of the United States, in violation of 18 U.S.C. § 2, 21 U.S.C. § 960(b)(l)(B)(ii), and 46 U.S.C. §§ 70503, 70506. Borjas-Andrade argues that the district court improperly increased his offense level for possession of a dangerous weapon pursuant to U.S.S.G. § 2Dl.l(b)(l).

Under the Guidelines, if a defendant possesses a dangerous weapon in relation to a drug offense, his offense level is increased by 2 levels. U.S.S.G. § 2Dl.l(b)(l). The commentary provides that the weapon enhancement should be applied if a weapon was present, unless it was clearly improbable that the weapon was connected to the offense, and gives an unloaded hunting rifle in a residential closet as an example of clear improbability. Id. comt. n. 3.

Here, the district court properly applied the § 2Dl.l(b)(l) enhancement for the presence of dangerous weapons, because two weapons were available to protect the 4,200 pounds of cocaine onboard the subject vessel. Accordingly, we affirm.

AFFIRMED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Roger Miguel BORJAS-ANDRADE, Defendant-Appellant
Status
Unpublished