United States v. Pedro Pagan, (8th Cir. 1999)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 99-1324
United States of America, Appellee, v. Pedro Pagan, also known as Cieto, Appellant.
Submitted: November 5, 1999
Filed: November 12, 1999
Before BOWMAN, FAGG, and MURPHY, Circuit Judges.
PER CURIAM.
Pedro Pagan appeals the sentence imposed by the district court after Pagan pleaded guilty to one count of possessing with intent to distribute cocaine base. On appeal, Pagan challenges the district court's assessment of a two-level increase for possession of a firearm and the denial of a mitigating-role reduction.
Having carefully reviewed the record, we conclude the district court did not commit clear error in assessing the firearm enhancement. A loaded handgun was either directly beneath Pagan or beside him on the bed at the time of his arrest, he possessed
sixteen baggies of cocaine base, and cocaine base was found in the closet of the bedroom in which he was arrested. See U.S. Sentencing Guidelines Manual § 2D1(b)(1) (1998); United States v. Moore, 184 F.3d 790, 794-95 (8th Cir. 1999); United States v. Howard, 169 F.3d 1127, 1130-31 (8th Cir. 1999); United States v. Garrett, 161 F.3d 1131, 1131-32 (8th Cir. 1998).
We also conclude the district court did not commit clear error in denying Pagan a minor or minimal participant role reduction. Pagan participated in the conspiracy for four to six weeks, transferred cocaine base on multiple occasions, was "holding" a large rock of cocaine base for "the head guy in New York," and sixteen baggies of cocaine base and a substantial sum of money were removed from Pagan's clothing at the time of his arrest. See United States v. Alaniz, 148 F.3d 929, 937 (8th Cir.), cert. denied, 119 S. Ct. 604 (1998); United States v. Jones, 145 F.3d 959, 963 (8th Cir.), cert. denied, 119 S. Ct. 457 (1998); United States v. Harris, 974 F.2d 84, 86 (8th Cir. 1992).
Having considered and rejected Pagan's contentions, we affirm the judgment of the district court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Appeal from the United States
District Court for the District
of Nebraska.
[UNPUBLISHED]
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This document cites
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Appellee, v. Patrick Odell Moore, Appellant., 184 F.3d 790 (8th Cir. 1999)
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Appellee, v. Don D. Howard, Appellant., 169 F.3d 1127 (8th Cir. 1999)
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Appellee, v. Jason Meilieure Garrett, Also Known as Ejay Johnson, Appellant., 161 F.3d 1131 (8th Cir. 1998)
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Plaintiff-Appellee, v. Alberto Alaniz, Jr., Also Known as Betin, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Alejandro Alaniz, Also Known as Alex, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Alberto Alaniz, Jr., Also Known as Betin, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Alberto Reyna Alaniz, Also Known as Beta, Also Known as Beto, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Lonnie Henry, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Nick Cuevas, Defendant-Appellant., 148 F.3d 929 (8th Cir. 1998)
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Plaintiff-Appellee, v. Andrew Jones, Also Known as Drew, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Felton J. Sykes, Defendant-Appellant., 145 F.3d 959 (8th Cir. 1998)
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