No. 12-5012
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:11-cr-00022-RLV-1)
Submitted:
Decided:
November 6, 2013
PER CURIAM:
Cesar
Sierro-Pineda
pleaded
guilty,
pursuant
to
of
substance
containing
detectable
amount
of
The
imprisonment.
district
court
sentenced
Sierro-Pineda
to
life
role
in
the
offense
and
for
possessing
guilty plea was not knowing and voluntary, that the district
court improperly enhanced his sentence in violation of Alleyne
v.
United
States,
133
S.
Ct.
2151
(2013),
and
that
the
to file a brief.
We review Sierro-Pinedas sentence for reasonableness,
under
deferential
abuse-of-discretion
standard.
Gall
v.
In assessing a
counsel
questions
whether
the
district
court
enhancement
applies
[i]f
the
defendant
was
an
Manual
(USSG)
3B1.1(a)
U.S. Sentencing
(2011).
Here,
the
by
recruiting
individuals
to
transport
drugs
from
of
next
a
firearm possession.
enhancement
firearm)
was
applies
questions
two-level
the
enhancement
district
for
courts
Sierro-Pinedas
possessed.
dangerous
USSG
weapon
2D1.1(b)(1).
(including
[P]roof
a
of
States
v.
Harris,
128
F.3d
850,
852
(4th
Cir.
1997)
Id.
that firearms are a tool of the drug trafficking trade and that
officers
found
the
firearm
in
bedroom
in
Sierro-Pinedas
the
improbable.
firearm
and
the
conspiracy
offense
was
clearly
have
carefully
assessed
the
claims
raised
in
We
therefore
affirm
Sierro-Pinedas
4
conviction
and
sentence.
We
deny
withdraw.
This
without
court
prejudice
requires
that
counsels
counsel
motion
inform
to
Sierro-
the
United
States
for
further
review.
If
Sierro-Pineda
was
served
Sierro-Pineda.
We
dispense
with
oral