### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17

- 50864 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
JUAN GABRIEL ZUBIA, also known as Juan Gavriel Zubia , Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 7:17

- CR

- 118

- 1

Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * Juan Gabriel Zubia appeals the sentence imposed following his guilty plea to possession of a firearm by a convicted felon. He argues that the district
court clearly erred in applying a four

- level U.S.S.G. § 2K2.1(b)(6)(B) enhancement based on a finding th at firearms were found in close proximity to drug

- manufactur ing materials and paraphernali a during a drug trafficking offense.

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 15, 2018 Lyle W. Cayce Clerk Case: 17-50864 Document: 00514514505 Page: 1 Date Filed: 06/15/2018No. 17

- 50864

2 For purposes of sectio n 2K2.1(b)(6), a “ district court’ s determination of the relationship between the firearm and another offen se is a factual finding ” reviewed for clear error. United States v. Coleman , 60 9 F.3d 699, 708 (5th Cir. 2010)

. Subsection (b)(6)(B)’s four

- level enhancement is automatically applicable “in the case of a drug trafficking offense in which a firearm is fou nd in close proximity to drugs, drug

- manufacturing materials, or drug paraphernalia.” U.S. S ENTENCING G UIDELINES M ANUAL § 2K2.1(b)(6)(B) cmt. n.14(B)(ii)

. “ ‘Drug trafficking offense’ means an offense under federal, state, or local law that prohibits

. . . the possession of a cont rolled substance

. . . with intent to . . . distribute.” See United States v. Alcantar , 733 F.3d 143, 147 (5th Cir. 2013) (internal quotation marks and citation omitted)

. “A district court may draw reasonable inferences from the facts when determining whether an enhancement applies.” United States v. Juarez , 626 F.3d 246, 251 (5th Cir. 2010). “A factual finding is not clearly erroneous if it is plausible in light of the r ecord as a whole.” Coleman , 609 F.3d at 708. A presentence report is generally sufficiently reliable to be considered as evidence by the district court in making factual determinations. United States v. Nava , 62 4 F.3d 226, 231 (5th Cir. 2010). Overlook ing the intervening period between receipt of the tip and his arrest, Zubia argues that the failure of the search of his car to yield methamphetamine means that a drug trafficking crime canno t be inferred and that the presence of drugs is necessary to show evidence of distribution. However, the undisputed presentence report establishes that a confidential informant observed Zubia in a public game room the day prior to his arrest in possession of a quantity of methamphetamine and carrying a gun in his waist band. When stopped by law enforcement the next day based on the tip , Zubia was found in possession of a glass methamphetamine pipe, two guns, Case: 17-50864 Document: 00514514505 Page: 2 Date Filed: 06/15/2018No. 17

- 50864

3 and a digital scale

— all in the vehicle’s center console

— with a box of plastic baggies used in the repackaging of narcotics found on the floor board of the back seat. The plastic baggies , digital scale, and his possession of methamphetamine and a firearm the day prior allowed the district court to reasonably infer that Zubia was engaged in a drug trafficking offense

. See Alcantar , 733 F.3d at 144, 146

- 48; United States v. Hunter , 543 F. App’x 374,
375

- 76 (5th Cir. 2013) (per curiam) (unpublished)

. AFFIRMED. Case: 17-50864 Document: 00514514505 Page: 3 Date Filed: 06/15/2018