United States v. Jolaine Flammond

MEMORANDUM

Jolaine Flammond appeals the 84-month sentence imposed following her guilty plea to possession with intent to distribute five grams or more of actual (pure) methamphetamine in violation of 21 U.S.C. § 841 (a)(1).

The court properly imposed a two-level sentencing enhancement for possession of a firearm during the commission of her offense pursuant to U.S.S.G. § 2D1.1. Flammond concedes in her Reply Brief that she purchased three firearms and gave them to her drug suppliers. Flammond possessed the firearms when she purchased them, and her possession was related to her drug offense because she gave the firearms to her drug suppliers. See United States v. Pitts, 6 F.3d 1366, 1372 (9th Cir.1993). Flammond’s acquisition of firearms for her co-conspirators disqualified her for the safety valve described in 18 U.S.C. § 3553 (f), which does not apply where the defendant possessed a firearm in connection with the offense.

The district court did not err by including, in its calculation of the total amount of methamphetamine for sentencing purposes, the 200 grams of methamphetamine that Flammond admitted purchasing for distribution over the course of the conspiracy. The court…