Rodrigo Roman v. United States
SocialSecurity Securities Immigration
Whether the Fifth Circuit erred in affirming the district court's application of the firearm enhancement under U.S.S.G. § 2D1.1(b)(1) without requiring the government to establish a connection between the firearm and the drug offense to which the defendant pleaded guilty
QUESTION PRESENTED FOR REVIEW Petitioner, RODRIGO ROMAN, appealed his ten-year statutory minimum sentence imposed after he pleaded guilty to conspiracy to possess with intent to distribute over five kilograms of cocaine. On direct appeal, Mr. Roman argued to the District Court erred in finding Mr. Roman possessed a firearm in connection with his drug offense. The finding was crucial because it resulted in a two-level enhancement to Mr. Roman’s offense level under USS.G. § 2D1.1(b)(1) and made him ineligible for a sentence reduction under U.S.S.G. § 5C1.2(a), the safety valve provision. The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) disagreed and affirmed the sentence imposed by the District Court. Respectfully, the decision of the Fifth Circuit decided important federal questions in away that conflicts with relevant decisions of this Court. In amanner which is contrary to the stare decisis of this Court, the Fifth Circuit did not require the Government to establish that the firearm was possessed in connection with the drug offense to which Mr. Roman pleaded guilty. Indeed, the weapons were in a home where there were no drugs. Thus, a compelling reason is presented in support of discretionary review by this Honorable Court. Mr. Roman therefore respectfully requests that this Honorable Court grant this Petition for Writ of Certiorari and proceed to resentencing without the weapons enhancement. i