111135P.pdf   04/30/2012  United States  v.  Mateo Ruiz-Zarate
   U.S. Court of Appeals Case No:  11-1135
                          and No:  11-1172
                          and No:  11-1373
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Smith, Author, with Bye and Colloton, Circuit Judges]
   Criminal Case - conviction and sentence. In consolidated appeals
   following guilty verdicts for conspiring to distribute marijuana and
   immigration offenses, the judgments are affirmed. Ruiz-Zarate cannot
   raise Fourth Amendment claim because he had no reasonable expectation
   of privacy in car he neither owned nor was near at the time of the stop. 
   Sufficient evidence was presented for a reasonable jury to conclude both
   Ruiz-Zarate and Guerrero-Ramirez participated in the conspiracy to
   distribute marijuana and aided and abetted in the possession with intent to
   distribute. District court did not err in applying enhancement for
   possession of the revolver because gun could have been constructively
   possessed and in determining it was not clearly improbable that the gun
   was connected to the drug offense. District court did not plainly err in
   imposing the enhancement.