United States v. Augustin Reyes Gavilan

Augustin Reyes Gavilan (Gavilan) appeals from the order sentencing him to 10 months of imprisonment, three years supervised release and a fine of $1075.00 for possession of marijuana in violation of 21 U.S.C. § 844 , and for unlawful possession of a firearm by a user of a controlled substance in violation of 18 U.S.C. § 922 (g)(3). Gavilan contends he is entitled to a six-level downward adjustment to his base offense level pursuant to United States Sentencing Guideline (U.S.S.G.) § 2K2.1(b)(l), because he possessed the firearm for the lawful purpose of self-defense. We affirm because we conclude that the district court did not clearly err in finding that Gavilan did not possess the firearm solely for a lawful purpose.

I.

On February 26, 1991, federal narcotics agents executed a search warrant for Gavi-lan’s residence. During the course of the search, the agents seized 43 marijuana plants in the garage, a small amount of marijuana and two marijuana pipes in the living room, a large quantity of plastic baggies in an upstairs bedroom, and a .22 caliber revolver from a nightstand in the master bedroom.

Gavilan was arrested following the seizure of these items. After he was advised…