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Imm Chevron Bianco Apuano Lev

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Imm Chevron Bianco Apuano Lev

Imm Chevron Bianco Apuano Lev


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Imm Chevron Bianco Apuano Lev

UNITED STATES of America, Appellee, v.
Daniel Thomas FEENEY, Appellant.
United States Court of Appeals, First Circuit.
MacFadyen, for appellant Bianco.
Ellsworth, was on brief, for appellant Feeney.
Before CAMPBELL and CYR, Circuit Judges, and TIMBERS, Senior Circuit Judge.
Appellants challenge the enhancement of their sentences pursuant to United States Sentencing Commission Guidelines Secs.
Appellants were apprehended during a "reverse sting" investigation conducted by the Drug Enforcement Administration.
A government informant met with appellant Bianco in East Providence, Rhode Island, in October 1989, and let it be known that he had marijuana for sale.
Bianco advised the informant that he knew two people who were interested in purchasing large quantities of marijuana.
Over the next several days, Https://chmall.ru/100/kuhonnaya-plita-abx-bez-duhovki-seraya-stal-steklokeramika.html introduced the informant to Acciardo and Feeney and attended a series of meetings at which marijuana prices 3 quantities were discussed.
Feeney told the informant that he had been dealing in illegal drugs for a long time and that he had made hundreds of thousands of dollars a year from drugs.
Acciardo and Feeney sampled some marijuana supplied by the informant and advised the informant that they would like to purchase one hundred to five hundred pounds of marijuana per week.
The three men met in a parking lot in East Providence as arranged, except for the police surveillance.
Acciardo and Feeney entered the informant's car and handed him a bag containing more than seventy-nine thousand dollars in cash.
Feeney 3 given the keys to a nearby rental vehicle in which the marijuana was supposed to be located.
Feeney and Acciardo were arrested before Feeney got into the vehicle.
A loaded and fully operable semi-automatic pistol was found in Acciardo's pocket.
Bianco was arrested as he picked up the five thousand dollars.
Although neither appellant possessed a firearm, and there was no evidence that either was aware that Acciardo possessed one, their sentences reflect a two-level increase in their base offense levels, pursuant to U.
II 5 Whether a defendant's sentence is subject to enhancement under U.
We accord due deference to the district court's application of the sentencing guidelines to the facts.
Paulino,359 1st Cir.
Wright,440 1st Cir.
A defendant is accountable for "reasonably foreseeable" conduct undertaken by others in furtherance of their joint criminal venture.
Thus, the sentencing guidelines expressly require a two-level increase in a defendant's base offense level whenever a codefendant's possession of a firearm in furtherance of their joint criminal venture was reasonably foreseeable by the defendant.
See United States v.
Aguilera-Zapata, ; United States v.
Like several other circuits, see, 3 />Jackson,240 1st Cir.
Walters,769 1st Cir.
Absent evidence of exceptional circumstances, we think it fairly inferable that a codefendant's possession of a dangerous weapon is foreseeable to a defendant with reason to believe that their collaborative criminal venture includes an exchange of controlled substances for a large amount of cash.
Furthermore, contrary to Feeney's contention, a reasonable inference from facts in evidence is not an impermissible shifting of the burden of proof as long as the presumption is based on " 3 rational connection between the facts proved and the fact presumed,' " Leary v.
United States,33, 89 S.
United States,467, JJ-Connect Videoregistrator Mini 100 S.
Allen,157, 99 S.
See also Niziolek v.
Ashe,292 1st Cir.
Fuller,1222 1st Cir.
Appellants misapprehend the rationale for the present sentence enhancements.
The value and quantity of controlled substances are simply relevant indicators as to whether a codefendant's possession of a firearm, and the 3 increase in the risk of violence, during the course of their Радиатор стальной Kermi FKO 10 300 500 criminal venture, were reasonably foreseeable to the defendant.
Appellants mistakenly argue that we transform the subjective test under U.
We merely hold that the district court permissibly relied on the value and amount of the marijuana, which these appellants had reason to believe would be involved in their joint criminal venture, for its inference that a codefendant's possession of a firearm was reasonably foreseeable to appellants.
Since the inference of reasonable foreseeability was based on what Bianco and Feeney had reason to believe, and may be overcome either by evidence of "special circumstances" or by contrary evidence, the "reasonable foreseeability" test under U.
Preakos,8 1st Cir.
The government must prove, Aguilera-Zapata, 901 F.
Mocciola,17 1st Cir.
Bianco contends that he did not know the amount of marijuana.
In these circumstances, we do not believe that it was clear error for the district court to conclude that a codefendant's possession of a dangerous weapon at the scene 3 the drug exchange was reasonably foreseeable to appellants.
Although the court did not state in specific terms that Acciardo's possession of the firearm was reasonably foreseeable to Bianco and Feeney, there can be no doubt whatever that the court impliedly made such a finding in its enhancement of these sentences.
At sentencing, counsel for Bianco and Feeney vigorously argued that reasonable foreseeability was the test the sentencing court was required to apply.
Although government counsel alluded to the Pinkerton theory, the government too conceded that "reasonable foreseeability" is the Guidelines standard.
The district court then imposed sentence on Bianco, calling explicit attention to U.
See United States v.
Willis,875 9th Cir.
The informant said he had 100 pounds to sell and could provide more in the future.
Bianco assured the informant that his associates could purchase 100 pounds every two weeks.
On November 1, Bianco, Acciardo and the informant met.
Acciardo said 3 wanted to purchase fifty 3 that day and an additional fifty pounds for someone else the next.
The informant refused to sell less than 100 pounds at a time.
On November 2, Bianco, Acciardo and Feeney met the informant.
Bianco said Acciardo and Feeney could purchase 300 to 400 pounds страница marijuana per week.
Acciardo said that he could purchase 200 pounds every two weeks.
Feeney stated that he could buy 1,000 pounds of marijuana every week.
Later, he said he certainly would 3 2,000 pounds per month.
On November 6, Bianco met with the informant alone and gave the informant a sample of the type and quality of marijuana that Feeney wanted to purchase Appellants assert that it is unclear whether these sentence enhancements were based on the "reasonable foreseeability" standard in U.
United States,66 S.
We need not decide whether the Pinkerton doctrine provides a proper basis for enhancing a defendant's sentence on account of a joint venturer's possession of a firearm.
Compare 3, 909 F.
LaFraugh,317 11th Cir.
We conclude that the sentence enhancements 3 the instant case are entirely supportable under U.
Wallace,605 11th Cir.
Beaulieu,1535 10th Cir.
There the court was motivated at least in part by a concern that the sentencing court had made no reference to "reasonable foreseeability," but had instead indicated a belief that a codefendant's possession of a gun, by itself, was a sufficient basis for an enhancement of the defendant's sentence.
In the instant case, the sentencing читать статью impliedly found "reasonable foreseeability" on sufficient record evidence.

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