Академический Документы
Профессиональный Документы
Культура Документы
No. 14-4929
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton Tilley,
Jr., Senior District Judge. (1:14-cr-00051-NCT-1)
Submitted:
Decided:
PER CURIAM:
Rafael
Pineda
120-month
Jaramillo
sentence
imposed
appeals
from
pursuant
to
his
his
conviction
guilty
plea
and
to
whether
the
district
court
erred
in
enhancing
has
not
pro
se
supplemental
brief.
The
enhancement
2D1.1(b)(1)
under
(2013),
for
U.S.
Sentencing
possession
of
Guidelines
firearms,
Manual
asserting
In assessing a
to
increase
defendants
offense
level
by
two
levels
enhancement
is
proper
when
the
weapon
at
issue
was
course
of
conduct
or
common
scheme
as
the
offense
of
2010)
(internal
quotation
marks
omitted),
even
in
the
850,
omitted).
is
852
(4th
Cir.
1997)
(internal
quotation
marks
sufficient,
and
the
Government
is
entitled
to
rely
on
at
to
629.
The
defendant
bears
the
burden
show
that
firearms
and
the
manufacture
of
marijuana
was
clearly
to
suggest
that
the
weapons
3
were
unconnected
to
the
offense.
cert. denied, 135 S. Ct. 384 (2014). To the contrary, the record
affirmatively supports the connection: Jaramillo participated in
the cultivation of marijuana at the stash house where he was
arrested, and three loaded and readily-accessible weapons were
found inside the stash house following his arrest.
As such, the
accordance
with
Anders,
we
have
reviewed
affirm
Jaramillos
conviction
and
sentence.
the
entire
Accordingly,
This
court
may
move
representation.
in
this
court
for
leave
to
withdraw
from
before
this
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED