United States v. Sesma-Bague
Opinion of the Court
Frank Sesma-Bague appeals his conviction and mandatory minimum 120-month sentence, imposed after he pled guilty to one count of conspiring to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 846 and 841 (b)(1)(A)(viii). Sesma-Bague contends the district court erred by failing to sua sponte order a competency hearing and by finding Sesma-Bague ineligible for “safety-valve” relief under 18 U.S.C. § 3553(f). After review,
The district court did not clearly err in holding that Sesma-Bague failed to meet his burden of proving his entitlement to “safety-valve” relief. United States v. Carillo-Ayala, 713 F.3d 82, 88 (11th Cir. 2013) (quotation omitted) (“[18 U.S.C; § 3553(f)(2)] requires the defendant to show that he did not use violence or credible threats of violence or possess a firearm or other dangerous weapon ... in connection with the offense.”). Although Sesma-Bague contended that the gun he showed to undercover agents was not real, both agents-one of whom held the gun-testified otherwise. The district court was entitled to credit the testimony of the agents over that of Sesma-Bague and conclude that the gun was real. See United States v. Pham, 463 F.3d 1239, 1244 (11th Cir. 2006) (quotation omitted) (“We afford substantial deference to the factfinder, in this case, the district court, in reaching credibility determinations with respect to witness testimony.”). Likewise, the district court did not clearly err in concluding that Sesma-Bague’s selling methamphetamine while contemporaneously possessing the gun constitutes use in connection with the offense, particularly given testimony that Sesma-Bague planned to use the gun to deter other drug dealers from invading his territory. See Carillo-Ayala, 713 F.3d at 96 (emphasis in original) (“[T]he presence of a gun within a defendant’s dominion and control during a drug trafficking offense ordinarily will suffice to show possession during and in relation to the offense and, therefore, that the defendant possessed the firearm in connection with the offense.”).
AFFIRMED.
. We review for abuse of discretion a district court’s failure to sua sponte order a hearing on the defendant’s competency. United States v. Wingo, 789 F.3d 1226, 1236 (11th Cir.
Reference
- Full Case Name
- United States v. Frank SESMA-BAGUE, a.k.a. Frank Sesma
- Status
- Published