United States v. Ricardo Vega
Docket: 12-3430
Court: Court of Appeals for the Eighth Circuit; July 29, 2013; Federal Appellate Court
Original Court Document: View Document
Ricardo Vega pleaded guilty to being a felon in possession of a firearm, violating 18 U.S.C. 922(g)(1) and 924(a)(2), and was sentenced to 108 months in prison, the minimum of his advisory guidelines range. Vega appealed the sentence, arguing procedural errors in imposing sentence enhancements related to the involvement of 37 stolen firearms and his use of a firearm in connection with another felony. The Eighth Circuit Court reviewed the district court's factual findings for clear error and its interpretation of guidelines de novo, ultimately affirming the sentence. Vega's involvement stemmed from a burglary at Sturm’s Indoor Gun Range, where 37 firearms were stolen. During the investigation, officers found three handguns in Vega's home, and he admitted to being the lookout during the burglary. He was previously sentenced to 96 months in state court for his role in the burglary. The enhancements were based on the Presentence Investigation Report, which indicated Vega's participation in dividing the stolen firearms. Under U.S.S.G. 2K2.1(b)(1), the base offense level increases significantly for possession of multiple firearms, and relevant conduct principles apply, allowing consideration of all acts related to the offense. The district court concluded that Vega had either actual or constructive possession of all 37 firearms, as he was involved in their division post-burglary, justifying the enhancements applied to his sentence. Vega contends that he should not be held culpable for the possession of firearms beyond the three handguns found in his home, arguing he only acted as a lookout during a gun theft involving 37 firearms. Possession can be actual or constructive, and the court found sufficient circumstantial evidence for constructive or joint possession despite Vega not having direct possession of the other firearms during their division. The district court's enhancement of Vega's sentence was upheld based on guidelines that allow for a 4-level increase for using or possessing firearms in connection with another felony, such as burglary. Vega's argument that he must have personally found and taken a firearm during the burglary was rejected, as he was deemed responsible for the actions of his accomplices during their joint criminal activity. The enhancement's purpose is to increase punishment when unlawfully possessed firearms are involved in facilitating a felony. The court distinguished this case from previous rulings regarding a different enhancement, clarifying that the term "defendant" in the relevant guidelines includes foreseeable actions of accomplices in joint criminal enterprises. Therefore, the district court's judgment and sentence enhancement were affirmed.