PER CURIAM.
In this consolidated appeal, Thaddeus Vidal Peralta and Aaron Anthony Lumpkin appeal the district court's judgments of conviction following a jury trial. Peralta and Lumpkin were convicted of conspiracy to distribute and possess with intent to distribute methamphetamine or a mixture and substance containing a detectable amount of methamphetamine ("the conspiracy count"). 21 U.S.C. §§ 841(a)(1), 846 (2012). The jury found that Peralta conspired to distribute at least fifty grams of methamphetamine or at least 500 grams of a mixture and substance containing methamphetamine, while Lumpkin conspired to distribute at least five grams of methamphetamine or at least fifty grams of a mixture and substance containing methamphetamine. The jury also convicted both Peralta and Lumpkin of possession with intent to distribute less than fifty grams of a mixture and substance containing methamphetamine ("the possession count"). 21 U.S.C. § 841(a)(1), (b)(1)(C) (2012). Peralta received a sentence of 262 months' imprisonment for the conspiracy count and a concurrent 240-month term for the possession count; Lumpkin was sentenced to concurrent 180-months terms of imprisonment.
Peralta appeals his convictions and 262-month sentence, arguing that the convictions were not supported by sufficient evidence, the district court admitted improper evidence, and the district court erred at sentencing in applying two Guidelines enhancements and miscalculating the drug quantity attributable to him. Lumpkin appeals his sentence, arguing that the district court erred in calculating the drug quantity attributable to him and applying two Guidelines enhancements. We affirm.
Peralta first challenges the sufficiency of the evidence supporting his convictions. We review de novo the denial of a motion for a judgment of acquittal. Fed. R. Crim. P. 29;
In order to establish that Peralta was guilty of the conspiracy count, the Government was required to demonstrate (1) an agreement between two or more people to distribute and possess with intent to distribute ice or methamphetamine, (2) Peralta's knowledge of the conspiracy, and (3) Peralta's knowing and voluntary participation in the conspiracy.
We conclude that substantial evidence supports Peralta's convictions. Multiple coconspirators testified that Peralta entered into agreements with several individuals to transport methamphetamine from Florida to Virginia between 2005 and 2012. These witnesses further indicated that Peralta transported several ounces of methamphetamine into Virginia during his numerous trips and distributed the drug upon his arrival. Finally, witnesses testified that Lumpkin shipped methamphetamine from Florida to his mother's house in Virginia, where Peralta reclaimed it and proceeded to distribute the drug in Virginia.
Peralta argues that the witnesses against him were inherently untrustworthy, as each had a significant incentive to testify against him. However, "the jury, not the reviewing court, weighs the credibility of the evidence and resolves any conflicts in the evidence presented."
Next, Peralta argues that the district court admitted irrelevant and prejudicial evidence, including a firearm, obtained during a 2008 traffic stop. We review a district court's evidentiary rulings for abuse of discretion.
We discern no abuse of discretion here. "Evidence of gun possession and ownership is logically relevant in many drug conspiracies."
Peralta and Lumpkin raise several challenges to their sentences. Both argue that the district court miscalculated the drug quantities attributable to them and that the district court erroneously applied a three-level leadership enhancement. Peralta further argues that the district court erroneously applied a two-level dangerous weapon enhancement, while Lumpkin asserts that the district court improperly applied an enhancement for obstruction of justice.
We review criminal sentences for reasonableness, applying an abuse of discretion standard.
Peralta and Lumpkin first challenge the drug quantities attributed to them for Guidelines purposes. "We review the district court's calculation of the quantity of drugs attributable to a defendant for sentencing purposes for clear error."
We discern no clear error in the district court's drug quantity calculations. Peralta and Lumpkin both assert that the testimony relied upon by the court is unreliable. In reviewing the district court's factual determinations, however, we must give "due regard to the opportunity of the district court to judge the credibility of the witnesses."
Peralta and Lumpkin next challenge the district court's application of a three-level leadership enhancement. The district court's imposition of a role adjustment is a factual determination reviewed for clear error.
We conclude that the district court did not clearly err in applying the leadership enhancement. The evidence at trial established that Peralta distributed methamphetamine to coconspirators for redistribution; facilitated and arranged drug transactions between various coconspirators; and directed coconspirators to transfer money via prepaid cards. Likewise, Lumpkin exercised control over another coconspirator, directing this coconspirator to travel to Virginia to distribute the drugs and to transfer the proceeds of the sales via prepaid cards.
Next, Peralta argues that the district court erred in applying a two-level enhancement for possession of a dangerous weapon. Section 2D1.1(b)(1) of the Guidelines directs a district court to apply a two-level enhancement "[i]f a dangerous weapon (including a firearm) was possessed." The enhancement is proper when the weapon at issue "was possessed in connection with drug activity that was part of the same course of conduct or common scheme as the offense of conviction."
We conclude that the enhancement was properly applied. Testimony at trial established that the traffic stop during which the gun was found occurred while Peralta was returning to Florida from distributing methamphetamine in Virginia. Peralta was the driver and his mother the registered owner of the vehicle. Although Peralta speculates that one of the two passengers could have placed the weapon under the hood without his knowledge, he has failed to offer any evidence to refute the information contained in the presentence report.
Finally, Lumpkin argues that the district court erred in applying the USSG § 3C1.1 obstruction-of-justice enhancement based on his testimony at trial. We review the imposition of this enhancement for clear error.
We discern no clear error in the district court's application of the enhancement. At trial, Lumpkin denied any involvement in transportation and distribution of methamphetamine from Florida to Virginia; this testimony was directly contradicted by other witnesses at trial. The district court's conclusion that Lumpkin's testimony concerned a material matter and was made with the willful intent to deceive was not clearly erroneous.
Accordingly, we affirm the district court's judgments. We dispense with oral argument because the facts and legal contentions are adequately presented in the material before this court and argument will not aid the decisional process.