United States v. Christopher Blue Gunn

215 F. App'x 785
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 24, 2007
Docket06-11304
StatusUnpublished
Cited by6 cases

This text of 215 F. App'x 785 (United States v. Christopher Blue Gunn) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Christopher Blue Gunn, 215 F. App'x 785 (11th Cir. 2007).

Opinion

PER CURIAM:

Christopher Blue Gunn appeals his 151-month sentence imposed after he pled guilty to conspiracy to possess with intent to distribute 5 kilograms or more of co *787 caine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(ii) and 21 U.S.C. § 846, possession with intent to distribute 5 kilograms or more of cocaine, in violation 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(ii), and possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Gunn raises a number of challenges relating to his sentence. We AFFIRM.

II. BACKGROUND

Gunn’s convictions arose out of a series of drug-related transactions in August 2005 involving Gunn, his girlfriend Amy Maggio, Benny Alvarez, and Salvador Cordova. Acting pursuant to a tip from a confidential informant, law enforcement agents investigating a drug trafficking ring in the Tampa area undertook surveillance of a number of locations, including the home where Gunn and Maggio resided together, and the Sheraton Suites Hotel (“Sheraton”) where Maggio was employed. During the course of the surveillance operation, agents first observed Alvarez departing the Gunn-Maggio home and driving to the Sheraton. Cordova was observed entering the Sheraton, leaving with a piece of luggage in his possession, and driving to the room he was renting at the Mainsail Village Hotel (“Mainsail”). Several hours later, Cordova departed his room at the Mainsail, carrying smaller bags, and drove the bags to the Gunn-Maggio residence. A week after observing these events, agents searched trash that had been left outside of the Gunn-Maggio residence, and found several plastic bags containing a white powdery substance. Tests revealed that the substance was cocaine.

Approximately two weeks later, agents again observed Cordova and Gunn, who drove north to Georgia and then back to Florida on the same afternoon. Gunn and Maggio were later seen entering the Sheraton, carrying several pieces of luggage taken from Maggio’s car. Gunn delivered the bags to a room at the Sheraton that was registered in Cordova’s name. Alvarez was observed entering the room and departing with a piece of luggage that he placed in his vehicle. Law enforcement agents subsequently apprehended Alvarez, and found approximately 11 kilograms of cocaine in the vehicle. After arresting Alvarez, the agents proceeded to arrest Cordova and Gunn while they were at the Sheraton. Agents discovered approximately 10 kilograms of cocaine in the hotel rooms that Gunn and Cordova had been renting there.

Maggio was arrested as she was entering her vehicle in front of the Gunn-Maggio residence; a search of her vehicle uncovered a bag containing scales, cutting agents, a wooden press, a spoon, and plastic bowls. Agents subsequently searched Gunn’s residence, pursuant to a warrant, and found three heat sealers, a full box of vacuum sealable bags, and a drug ledger. Agents also found a .45 caliber firearm and a box of ammunition located under the mattress in the master bedroom. In total, agents seized 21.8 kilograms of cocaine from the arrests of Gunn, Alvarez, Cordova, and Maggio.

Gunn was subsequently charged with one count of conspiracy to possess with intent to distribute 5 kilograms or more of cocaine, one count of possession with intent to distribute 5 kilograms or more of cocaine, and one count of possession of a firearm by a convicted felon. His alleged co-conspirators, Maggio, Alvarez, and Cordova, were charged separately. Gunn pled guilty to all three counts without a written plea agreement.

The probation officer prepared a presentence investigation (“PSI”) report in connection with Gunn’s case. The PSI *788 recommended a base offense level of 34, based on a drug quantity of 21.8 kilograms of cocaine. See U.S.S.G. § 2D1.1(c). The probation officer also recommended a two-level enhancement for possession of a firearm in connection with an offense involving drugs, U.S.S.G. § 2D1.1(b)(1), based on the firearm that agents had discovered in the bedroom at the Gunn residence. This resulted in an offense level of 36. After recommending a two-level reduction for Gunn’s accepting responsibility, U.S.S.G. § 3E1.1(a), and advising that the government further intended to seek a one-level reduction for Gunn’s timely notification of his intent to plead guilty, U.S.S.G. § 3E1.1(b), Gunn’s recommended offense level was 33. With a criminal history category of I, this resulted in a Guidelines range of 135 to 168 months of imprisonment.

Gunn filed his objections to the PSI, contending that the gun discovered at his home was not connected to his drug charges, and that therefore a two-level enhancement pursuant to U.S.S.G. § 2D1.1(b)(1) was inappropriate. Specifically, he argued that the firearm that the agents had discovered at his home had been purchased in the wake of a break-in, and had been kept in his master bedroom. Because the firearm was kept in the bedroom and the drug activity had occurred in the garage and at various hotels in Tampa, Gunn argued that a two-level enhancement pursuant to U.S.S.G. § 2D1.1(b)(1) was inappropriate. In addition, because the firearm was not connected to the alleged offense, Gunn argued that he was entitled to a two-level reduction pursuant to the safety valve provision of U.S.S.G. § 2D1.1(b)(7).

Prior to his Sentencing Hearing, the government indicated that Gunn had given misleading statements to law enforcement agents in connection with the preparation for Maggio’s separate trial, and suggested that Gunn had recently attempted to minimize his role in the overall conspiracy. Contending that Gunn had not accepted responsibility by his subsequent conduct, the government stated that it was no longer in favor of a two-level reduction for acceptance of responsibility. The government also stated that it no longer intended to file a motion for an additional one-level reduction, see U.S.S.G. § 3E1.1(b), since the misleading information Gunn provided had not permitted the government to allocate its resources efficiently in preparation for trial.

At Gunn’s sentencing hearing the government first attempted to rebut Gunn’s argument that the firearm found in his bedroom was not sufficiently connected to his drug crimes. First, the government called a witness, Joel Garcia, who testified that he had purchased cocaine at Gunn’s former home 1 on approximately three separate occasions, that Gunn had shown Garcia the weapon while Garcia was in the house purchasing cocaine, that Gunn mentioned that he had purchased the weapon following a break-in at that home, and that Garcia had seen drug-related items, such as weighing scales, in the kitchen at his former home.

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Bluebook (online)
215 F. App'x 785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-christopher-blue-gunn-ca11-2007.