United States v. Ramiro Mesa-Farias

Today we must clarify our holding in United States v. Becerra, 992 F.2d 960 (9th Cir. 1993). In that case, we held that a defendant is responsible for the amount of drags possessed by a eoconspirator only if that amount was reasonably foreseeable to the defendant. We now hold that a defendant is responsible for the total amount of drugs in his own possession, regardless of whether the amount was foreseeable.

I

The FBI was investigating Rodolfo Mendoza, appellant Ramiro Mesa-Farias’s brother-in-law, for suspected drag dealing. During their surveillance, FBI agents watched the two men buy a used car and park it at Mendoza’s apartment, where Mesa-Farias was staying. They later saw both men driving the car. On one occasion, they saw Mesa-Farias take a small package from the trunk of the car into the apartment. Mendoza left shortly thereafter and used the car to make several drug deals.

The agents executed a warrant at the apartment, where they found Mesa-Farias sleeping on the floor with the keys to the car at his side. They also found drug paraphernalia, large amounts of cash and Mendoza’s drug ledger containing Mesa-Farias’s name. In the car they found 8797.5 grams of cocaine and…