Aizavier Roache was sentenced to 57 months in prison for conspiring to traffic firearms from South Carolina to Massachusetts through co-conspirator Travon Brunson, who purchased guns at Roache's direction. ATF agents traced multiple firearms used in Massachusetts crimes back to Brunson's purchases at South Carolina gun shops between 2020 and 2023. The case centered on whether Brunson's 2021 statements to ATF agents about purchasing 24 additional firearms for Roache could be used to enhance Roache's sentence.
Circuit Judge Dunlap wrote that the district court did not abuse its discretion in finding Brunson's statements reliable despite their hearsay nature. "The district court noted several indicia that convinced it that Brunson's 2021 statements about Roache's firearm purchases were reliable," including the recovery of 15 firearms Brunson purchased in Massachusetts crimes, Brunson's detailed account identifying Roache from a photo, and the similarity between the described 2020-2021 transactions and the documented 2023 deals. The court acknowledged concerns about Brunson's credibility on certain points but found sufficient trustworthiness indicators.
Roache had argued that the district court erred by applying a six-level sentencing enhancement based on Brunson's uncorroborated statements, contending he should have received only a two-level enhancement that would have reduced his guideline range from 57-71 months to 37-46 months. District Judge Leo T. Sorokin called the reliability determination "somewhat close" but concluded the statements met the preponderance of evidence standard for sentencing purposes.
The ruling reinforces district courts' broad discretion to consider hearsay evidence at sentencing when supported by sufficient indicia of reliability. The decision comes as federal courts continue to grapple with the use of co-conspirator statements in firearms trafficking cases, where direct evidence of uncharged conduct may be limited but enhancement calculations can significantly impact sentence length.