United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 30, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-11085
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HIRAM RODRIGUEZ MARTINEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:02-CR-55-2-A
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Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
Hiram Rodriguez Martinez (“Martinez”) appeals his sentence
following his guilty plea conviction of conspiracy to possess
with intent to distribute a substance containing a detectable
amount of methamphetamine in violation of 21 U.S.C. § 841(a)(1)
and (b)(1)(B). Martinez argues that the district court erred in
applying a two-level increase to the base offense level pursuant
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-11085
-2-
to U.S.S.G. § 2D1.1(b)(1) for possession of a dangerous weapon
during the offense.
Because the Government showed that Martinez’s co-defendant
knowingly possessed a weapon while they committed the offense and
because firearms are the “tools of the trade” in drug
conspiracies, the district court did not clearly err in finding
that Martinez should have foreseen his co-defendant’s possession
of a dangerous weapon. See United States v. Aguilera-Zapata, 901
F.2d 1209, 1215 (5th Cir. 1990). Additionally, a review of the
record indicates that Martinez did not meet his burden of proving
that it was “clearly improbable that the weapon was connected
with the offense.” See U.S.S.G. § 2D1.1, comment. (n.3); United
States v. Marmolejo, 106 F.3d 1213, 1216 (5th Cir. 1997).
AFFIRMED.