FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MASSACHUSETTS [Hon. Nathaniel M. Gorton, U.S. District Judge]
Hossain, Assistant Federal Public Defender, with whom Jessica
P. Thrall, Assistant Federal Public Defender, was on brief
Rhae De Vincentis, Assistant United States Attorney, with
whom Caitlin E. Keiper, Special Assistant United States
Attorney, and Andrew E. Lelling, United States Attorney, were
on brief for appellee.
Lynch, Thompson, and Kayatta, Circuit Judges.
Massachusetts police arrested Caetano Oliveira in August 2016
while executing a search warrant on an apartment in which
drugs, drug paraphernalia, guns, and ammunition were found.
Following a federal indictment, Oliveira pleaded guilty to
being a felon in possession of a handgun, a pistol, and
twenty rounds of ammunition in violation of 18 U.S.C. §
922(g)(1). His prior state convictions included drug
distribution and assault with a dangerous weapon
requested a sentence of forty-eight months. The government
recommended 100 months, a sentence at the bottom of the 100-
to 120-month range calculated in the presentence report
("PSR"). The district court sentenced Oliveira to
eighty-six months, fourteen months below the government
recommendation. The district court could have reached the
same sentence within the guideline range, but calculated the
sentence on the basis of an enhancement.
this sentence, Oliveira first disputes the district
court's determination that his prior Massachusetts ADW
conviction qualifies as a "crime of violence" under
the United States Sentencing Guidelines ("the
Guidelines"). Second, he challenges the district
court's application of a sentencing enhancement for
possession "in connection with" another felony.
See U.S.S.G. § 2K2.1(b)(6)(B). We affirm.
summer of 2016, Brockton police had been investigating a
heroin dealer, Sariah Lynn Miranda, who lived in the
apartment where Oliveira was arrested. After buying heroin on
multiple occasions from Miranda through a confidential
informant, police obtained a search warrant for Miranda's
apartment. Once inside, police found five grams of heroin,
cash, a scale, and drug packaging materials in the bedroom
occupied by Miranda. As Miranda attempted to leave -- with
three more grams of heroin in hand -police arrested her.
apartment's second bedroom, police encountered Oliveira,
whose girlfriend, Saneta Gomes, was an occupant of the
apartment and Miranda's sister. There, police found, at
the end of the bed, a shoe box containing $160 in cash and
7.6 grams of marijuana packaged into three separate sandwich
bags. A digital scale was perched on a shoe rack. And a box
of empty sandwich bags was visible on top of the dresser.
that dresser were two loaded weapons -- a 9mm handgun and a
.40 caliber pistol. There were eight rounds of 9mm ammunition
and twelve rounds of .40 caliber ammunition. The handgun,
which had been reported stolen, was located on the
dresser's shelf, while the pistol was stashed, with some
clothes, inside an orange clothing cube.
the dresser, police also spotted a copy of Oliveira's
resume. Clothing and mail belonging to Oliveira were also
found around the room. Although the resume and mail listed
addresses for Oliveira other than the apartment, Gomes, who
lived in the room, told police, "he stays here a
and Gomes were arrested, and Oliveira admitted that the guns
were his. Asked later by a detective why he had the guns, the
defendant answered, "I still have ...