Is it appropriate to enhance the crime level of one of the co-conspirators who possesses a firearm in furtherance of the conspiracy?

MultiRegion, United States of America

The following excerpt is from U.S. v. Vargas, 933 F.2d 701 (9th Cir. 1991):

These sections of the guidelines provide that when one conspirator possesses a firearm in furtherance of the conspiracy, it may be appropriate to enhance the offense levels of the co-conspirators even if the gun is not actually used and they were not aware of its presence. United States v. Willis, 899 F.2d 873, 874 (9th Cir.1990). In deciding whether the enhancement is appropriate, the district court must determine whether the co-conspirators reasonably should have foreseen that one of their number would possess a gun. Id. The district court's resolution of the question, whether possession of a gun in furtherance of a conspiracy was reasonably foreseeable, is reviewed for clear error. Id. at 874.

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