Appeals court reverses federal gun conviction

FAYETTEVILLE — A Springdale man’s federal firearms 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.

Ramos was found guilty by a jury in September 2015 and sentenced to 12 years and four months followed by three years of supervised release on 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.

Ramos also was ordered to pay a $3,400 fine.

On appeal, Ramos argued a gun found in the apartment where he and a woman lived couldn’t be constructively linked to him. Justices on the appeals court 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 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.”

Justices sent the case back for resentencing on the drug convictions because they were negatively affected by the sentencing guidelines for the firearms conviction. Justices said there was sufficient evidence for convicting Ramos on the drug charges.

The 4th Judicial District Drug Task Force began to investigate 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 a firearm at his residence Dec. 5, 2014.

The trial and sentencing took place before Judge Tim Brooks in U.S. District Court.

Ramos previously was convicted of felony drug offenses.

Ramos