United States v. Beltran-Aguilar, 412 F. App'x 171

Aguilar appeals his 360‑month sentence for possessing 50+ grams of meth with intent to distribute, conspiring to distribute and possess 50+ grams with intent to distribute, and maintaining a residence for those purposes.
The district court applied a two‑level gun enhancement and a two‑level importation enhancement after finding more than 1.5 kilograms of methamphetamine in the offense.
Aguilar was a Quintero associate and a lawful permanent resident; the conspiracy involved Salazar, Quintero, Viera, Flores, and others operating from Kansas City, Missouri area residences.
In April 2008, conspirators traveled to Mexico after methamphetamine ran low and Aguilar also crossed into Mexico; he re‑entered the U.S. separately from other conspirators.
On July 18, 2008, Aguilar and co‑conspirators returned with four to six pounds of meth at a Kansas City residence; authorities found drug paraphernalia, money transfers to Mexico, and a gun in Aguilar’s possession.
The court determined the base offense level exceeded 1.5 kg (level 38), applied gun and importation enhancements, and sentenced within the Guidelines range despite Aguilar’s arguments for minimal participation and a downward variance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Importation enhancement proper?	Aguilar argues insufficient evidence of Mexican origination.	Government contends preponderance shows Mexico as source and Aguilar drove it across.	Yes; preponderance supports Mexican origination and importation enhancement.
Reasonableness of custodial sentence given role and disparities	Aguilar claims minimal involvement; requests downward variance based on §3553(a).	Court considered involvement but chose within‑Guidelines range; disparity explained by cooperation and differing roles.	No abuse of discretion; sentence within Guidelines affirmed.

United States v. Gambino-Zavala, 539 F.3d 1221 (10th Cir. 2008) (preponderance standard suffices for sentencing enhancements)
Gall v. United States, 552 U.S. 38 (U.S. 2007) (abuse-of-discretion review for reasonableness of sentences)
United States v. Martinez, 512 F.3d 1268 (10th Cir. 2008) (drug couriers are indispensable to networks; role matters for reasonableness)
United States v. Regan, 627 F.3d 1348 (10th Cir. 2010) (reasonableness review under § 3553(a) factors)
United States v. Alapizco-Valenzuela, 546 F.3d 1208 (10th Cir. 2008) (guidelines factors proper for variance analysis)
United States v. Haley, 529 F.3d 1308 (10th Cir. 2008) (cooperation does not require unwarranted disparity)