United States v. Jorge Silva-De Hoyos, 702 F.3d 843

Silva was arrested at the Mexican border with 12.36 kilograms of cocaine in a Honda CR-V.
He pleaded guilty to possession with intent to distribute and importation of cocaine (both offenses >5 kg).
The district court denied a minor-participant adjustment and imposed 70 months on each count, concurrent, plus five years’ federal-benefits ineligibility.
Silva claimed he was an unwilling courier coerced by threats; the government argued he was not a minor participant.
The district court ruled he was not a minor participant and erred in applying a five-year ineligibility for federal benefits.
On appeal, the Fifth Circuit reviewed the minor-participant finding for clear error and the ineligibility issue de novo.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Minor-participant adjustment denial	Silva was less culpable than others.	Silva’s driving role was not peripheral; drugs wouldn’t enter US without him.	Denial not clearly erroneous.
Five-year federal-benefits ineligibility	Possession with intent to distribute/import are not distribution offenses; one year.	Government concedes error and seeks one-year limit, but district court imposed five years.	Plain error; five-year period improper, but affirming due to lack of eligible benefits.

United States v. Williams, 541 F.3d 1087 (11th Cir. 2008) (holds distribution element required for § 862(a))
United States v. Jacobs, 579 F.3d 1198 (10th Cir. 2009) (distribution phrase covers elements, not intent)
United States v. Hope, 545 F.3d 293 (5th Cir. 2008) (plain-error standard and equitable considerations under § 862)
United States v. Leonard, 157 F.3d 343 (5th Cir. 1998) (plain-error framework and Atkinson/Olano guidance)
Olano v. United States, 507 U.S. 725 (Supreme Court 1993) (plain-error standard and relief discretion)