FAYETTEVILLE -- A Springdale man's federal firearm conviction was thrown out by an appeals court Monday, and he will be resentenced on drug convictions.
The 8th U.S. Circuit Court of Appeals reversed and remanded parts of the case of Gilberto Ray Ramos.
In September 2015, a jury convicted Ramos of one count of conspiracy to distribute methamphetamine, three counts of distribution of methamphetamine, one count of possession with the intent to distribute methamphetamine and one count of being a felon in possession of a firearm.
He was sentenced to 12 years and four months in prison, followed by three years of supervised release, and was ordered to pay a $3,400 fine.
On appeal, Ramos argued that a gun found in the apartment where he and a woman lived could not be constructively linked to him. Appeals court judges agreed, saying the link between the .45-caliber pistol found under a mattress was too tenuous to let stand.
"Here, because Ramos jointly occupied the apartment with [the woman], the government was required to provide some evidence linking him to the gun beyond his dominion over the apartment," according to the court's opinion.
"It is unclear where Ramos, though he lived at the apartment, exercised any control over the bedroom where the gun was found. On this evidence it is more than possible that Ramos was convicted because [the woman] had a weapon that Ramos did not know about. A reasonable jury could not conclude beyond a reasonable doubt to the contrary," the court said.
The judges sent the case back to lower court for resentencing on the drug convictions, saying the sentences on those charges were negatively affected by the sentencing guidelines for the firearms conviction. The judges said there was sufficient evidence to convict Ramos on the drug charges.
The 4th Judicial Drug Task Force began investigating Ramos in October 2014 for the distribution of methamphetamine, according to court records. A confidential informant bought methamphetamine from Ramos three times. Police seized methamphetamine and the firearm at his residence Dec. 5, 2014.
The trial and sentencing took place before Judge Tim Brooks in U.S. District Court.
Ramos previously had been convicted of felony drug offenses.
Metro on 03/28/2017