U.S. Court of Appeals for the Eleventh Circuit, 2008

United States v. Roger Miguel Borjas-Andrade

United States v. Roger Miguel Borjas-Andrade
U.S. Court of Appeals for the Eleventh Circuit · Decided July 25, 2008 · Carnes, Barkett, Wilson
285 F. App'x 698

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.