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| United States v. Colorado, No. 05-11650 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: The denial of a mitigating-role reduction under U.S. Sentencing Guidelines Manual § 3B1.2 was not clearly erroneous because defendant's actual and relevant conduct were the same, his crew played a vital role to a drug conspiracy, providing fuel necessary for the delivery of drugs, and the evidence indicated that he was as culpable as codefendants.
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| United States v. Cook, No. 05-12798 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: Defendant's sentence was affirmed because, even though the district court erred by evaluating defendant's motion using the standard for a Fed. R. Crim. P. 33 motion based on newly discovered evidence instead of a Rule 33 motion based on Brady evidence, defendant did not show that he could not have possessed the evidence with reasonable diligence.
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| United States v. Hurtado, No. 05-11555 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: Defendant's concurrent 135-month sentences for violating 46 U.S.C.S. app. § 1903(a), (g) and (j) and 21 U.S.C.S. § 960(b)(1)(B)(ii) were affirmed because the district court did not clearly err in refusing to grant him a U.S. Sentencing Guidelines Manual § 3B1.2 mitigating-role reduction.
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| United States v. Merino-Leon, No. 05-14327 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: District court properly denied defendant a reduction in sentence pursuant to U.S. Sentencing Guidelines Manual § 3B1.2; defendant's participation as courier in drug transportation conspiracy, in violation of 21 U.S.C.S. § 846, was integral part of transporting the drugs, and defendant was not any less culpable than other couriers in that drug ring.
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| United States v. Saenz, No. 04-11678 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: Leader enhancement based on facts found by the district court by a preponderance of the evidence was not plain error because, given the district court's consideration of the evidence and expression of no hesitation about the propriety of the sentence, defendant did not show that he would have received a lesser sentence under advisory guidelines.
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| United States v. Salinas-Cruz, No. 05-14024 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: Defendant's 135-month sentence for violating 46 App. U.S.C.S. § 1903, 18 U.S.C.S. § 2, and 21 U.S.C.S. § 960 was affirmed because the district court explicitly mentioned the 18 U.S.C.S. § 3553(a) factors, accurately calculated the guideline range, and sentenced defendant at the low end of the guidelines range despite a large quantity of cocaine.
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| United States v. Sanclemente, No. 05-11618 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: Defendant, who pleaded guilty to aiding and abetting possession of cocaine with intent to distribute and conspiracy to possess cocaine, was properly sentenced to concurrent terms of 135 months of imprisonment as the district court addressed the 18 U.S.C.S. § 3553(a) factors and applied the U.S. Sentencing Guidelines Manual in an advisory manner.
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| United States v. Tapias-Vera, No. 05-12856 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2006, Decided , March 14, 2006, Filed
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Overview: Defendant's 135-month sentence for violating 46 App. U.S.C.S. § 1903, 18 U.S.C.S. § 2, and 21 U.S.C.S. § 960 was affirmed because the district court considered the 18 U.S.C.S. § 3553(a) factors, accurately calculated the guideline range, and explicitly considered the evidence of defendant's family and poverty.
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