IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-40143

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

BONIFACIO NUNEZ-ROMERO,

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:11-CR-103-1

Before HIGGINBOTHAM, CLEMENT, and GRAVES, Circuit Judges.

PER CURIAM:*

Bonifacio Nunez-Romero was convicted by a jury of one count of 

conspiracy to possess with the intent to distribute more than 50 grams of 

methamphetamine, five counts of possession with the intent to distribute more 

than five grams of methamphetamine, and one count of possessing a firearm 

in furtherance of a drug trafficking crime. The district court sentenced NunezRomero to 240 months of imprisonment, consisting of six 180-month 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

November 14, 2013

Lyle W. Cayce

Clerk

 

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No. 13-40143

concurrent sentences on the drug counts followed by a consecutive 60-month 

sentence on the firearm count.

Nunez-Romero argues that the evidence was insufficient to support his 

conviction under 18 U.S.C. § 924(c) for possessing a firearm in furtherance of 

a drug trafficking crime. Nunez-Romero preserved his sufficiency claim by 

moving for a judgment of acquittal at the close of all the evidence, and therefore 

our review is de novo. See United States v. v. Frye, 489 F.3d 201, 207 (5th Cir. 

2007). We will uphold the jury’s verdict if a reasonable trier of fact could 

conclude from the evidence that the elements of the offense were established 

beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (1979).

Under § 924(c)(1)(A), a “person who, during and in relation to any . . . 

drug trafficking crime . . . uses or carries a firearm, or who, in furtherance of 

any such crime, possesses a firearm” faces enhanced penalties. A defendant 

possesses a firearm “‘in furtherance of’ the drug trafficking offense when it 

furthers, advances, or helps forward that offense.” United States v. CeballosTorres, 218 F.3d 409, 410-11 (5th Cir. 2000). We consider the following factors 

when determining whether a firearm was possessed in furtherance of a drug 

trafficking offense: (1) the type of drug activity, (2) the type of firearm, (3) the 

accessibility of the firearm, (4) the proximity of the firearm to drugs or drug 

profits, (5) whether the firearm was loaded, (6) whether the firearm was stolen, 

(7) whether the firearm was possessed legally or illegally, and (8) the time and 

circumstances under which the firearm was found. Id. at 414-15.

The jury heard testimony that Nunez-Romero dealt in large quantities 

of methamphetamine, owned several firearms, one of which was located in the 

same area in which he dealt drugs, and implicitly threatened one of his dealers 

by displaying a firearm and demanding prompt payment. The evidence 

presented at trial, when viewed in the light most favorable to the verdict, is 

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No. 13-40143

sufficient to support the jury’s decision. See United States v. Charles, 469 F.3d 

402, 407-08 (5th Cir. 2006); Ceballos-Torres, 218 F.3d at 411 (5th Cir. 2000). 

Accordingly, the judgment is AFFIRMED.

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