United States of America v. Rafiel Lee Owens

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 21-3898
___________________________
United States of America
Plaintiff - Appellee
v.
Rafiel Lee Owens
Defendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Eastern
____________
Submitted: December 12, 2022
Filed: February 21, 2023
[Unpublished]
____________
Before SMITH, Chief Judge, ARNOLD and STRAS, Circuit Judges.
____________
PER CURIAM
Rafiel Owens received a 212-month prison sentence after he pleaded guilty to
drug and firearm crimes. See 21 U.S.C. §§ 841(a)(1), (b)(1)(B), 846; 18 U.S.C.
§§ 922(g)(1), 924(a)(2). Although he challenges a two-level “stash-house”
enhancement and the reasonableness of the sentence, we affirm.

-- 1 of 2 --

-2-
First, the record supports the finding that Owens “maintained” two motel
rooms and a duplex “for the purpose of manufacturing or distributing a controlled
substance.” U.S.S.G. § 2D1.1(b)(12); see United States v. Hernandez Lopez, 24
F.4th 1205, 1208 (8th Cir. 2022) (reviewing whether the defendant’s home qualified
as a stash house for clear error). Informants purchased heroin from him at the motel
rooms, making drug dealing one of the “primary or princip[al]” ways he “use[d]”
them. Hernandez Lopez, 24 F.4th at 1208 (citation omitted); see U.S.S.G. § 2D1.1
cmt. n.17. The same goes for the duplex, where a search uncovered
methamphetamine, scales, and cutting agents. See United States v. Milliner, 765
F.3d 836, 840–41 (8th Cir. 2014). The fact that Owens also lived there does not
change our conclusion. See United States v. Miller, 698 F.3d 699, 706–07 (8th Cir.
2012).
Second, the overall sentence is substantively reasonable. The district court1
sufficiently considered the statutory sentencing factors, 18 U.S.C. § 3553(a), and did
not rely on an improper factor or commit a clear error of judgment. See United
States v. Sherrod, 966 F.3d 748, 754–55 (8th Cir. 2020). Indeed, Owens sold drugs
that killed two people, which led the court to vary upward from the recommended
range of 151 to 188 months. See 18 U.S.C. § 3553(a)(2)(A) (noting that a sentence
should “reflect the seriousness of the offense”). And although Owens believes he
should have received a downward variance, the court was under no obligation to
grant one. See United States v. Noriega, 35 F.4th 643, 652 (8th Cir. 2022).
We accordingly affirm the judgment of the district court.
______________________________
1 The Honorable Stephanie M. Rose, Chief Judge, United States District Court
for the Southern District of Iowa.

-- 2 of 2 --