United States v. Gonzales

Opinion

Case: 23-50210 Document: 00516998751 Page: 1 Date Filed: 12/12/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-50210 Summary Calendar FILED ____________ December 12, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Aileen Gonzales,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 7:22-CR-230-1 ______________________________

Before Elrod, Oldham, and Wilson, Circuit Judges. Per Curiam: * Aileen Gonzales pleaded guilty to possession with intent to distribute 40 grams or more of fentanyl, and the district court sentenced her to 188 months of imprisonment, to be followed by five years of supervised release. On appeal, she contends that the court erred in computing her offense level

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-50210 Document: 00516998751 Page: 2 Date Filed: 12/12/2023

No. 23-50210

by not applying the safety-valve reduction in U.S.S.G. § 2D1.1(b)(18); see U.S.S.G. § 5C1.2(a). The record reflects that Gonzales exerted control over the hotel room where a firearm was located, and she admitted her knowledge of the firearm before the district court. Thus, the record supports a plausible inference that she had access to that firearm. See United States v. Fields, 72 F.3d 1200, 1212 (5th Cir. 1996); United States v. Fambro, 526 F.3d 836, 839-40 (5th Cir. 2008). Gonzales did not meet her burden in establishing, by a preponderance of the evidence, that she did not constructively possess the firearm, which precludes her eligibility for the safety-valve reduction. See United States v. Vasquez, 161 F.3d 909, 910, 912 (5th Cir. 1998); United States v. Matias, 465 F.3d 169, 173-74 (5th Cir. 2006); § 5C1.2(a)(2). AFFIRMED.