United States v. Hill

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
June 12, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-41725
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MELINDA LANDEROS HILL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:01-CR-231-2
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Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Melinda Landeros Hill appeals her sentence, which was imposed
following a guilty-plea to misprision of a felony, namely,
possession with intent to distribute 50 grams or more of
methamphetamine, in violation of 18 U.S.C. § 4. Hill argues that
the district court erred by increasing her offense level by two for
possession of a dangerous weapon pursuant to U.S.S.G. § 2D1.1(b)(1)
as a result of the possession of a knife by co-defendant James Eric
Tillman. We review for clear error the district court's

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No. 02-41725
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application of the two-level increase under U.S.S.G. § 2D1.1(b)(1).
See United States v. Chavez, 119 F.3d 342, 348 (5th Cir. 1997).
The knife in question was found in the driver's door
compartment, along with more than 15 grams of methamphetamine,
after Hill and Tillman were stopped for a traffic violation.
Tillman was driving the car, which was registered to Hill’s
estranged husband. Approximately two months earlier, Hill and
Tillman had been arrested after police found more than 50 grams of
methamphetamine in Hill's apartment, which she was sharing with
Tillman. Hill argues that she had no knowledge that Tillman
possessed the knife, that she had never seen him with a knife
before, and that no weapons had been found in her apartment.
A defendant need not have actual knowledge of a co-defendant's
possession of a weapon, and sentencing courts may hold a defendant
accountable under U.S.S.G. § 2D1.1(b)(1) if the co-defendant's
possession of the weapon was reasonably foreseeable during the
commission of a narcotics offense. See United States v.
Aguilera-Zapata, 901 F.2d 1209, 1215 (5th Cir. 1990). The district
court did not clearly err in finding that Tillman's possession of
the knife was reasonably foreseeable, since weapons are “tools of
the trade” of drug trafficking. Id.
AFFIRMED.

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