530 F. App'x 330
5th Cir.2013Background
- Chavira pleaded guilty to possession with intent to distribute marijuana (count two).
- Chavira was linked to the Gardinia residence; cocaine was found at the I-J residence where he was arrested.
- PSR counted 3,103.79 kg marijuana and 54.45 kg cocaine as 10,890 kg marijuana equivalent, yielding base level 36.
- District court adopted PSR, added weapons adjustments, total offense level 38, guidelines range 235–293 months; sentenced to 168 months.
- Chavira objected to cocaine as relevant conduct and to acceptance of responsibility; government acknowledged only tie-in was presence at I-J residence.
- Court remanded for resentencing after concluding cocaine could not be treated as relevant conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether cocaine in attic is relevant conduct | Chavira lacks link to cocaine. | Cocaine tied to conspiracy; within same course of conduct. | Cocaine not relevant conduct; vacate and remand. |
| Whether inclusion of cocaine requires vacating sentence | Excluding cocaine lowers quantity and sentence. | All facts supported by conspiracy breadth; still plausible. | Sentence vacated and remanded for resentencing. |
Key Cases Cited
- United States v. Rhine, 583 F.3d 878 (5th Cir. 2009) (defines same course of conduct and common scheme standards)
- United States v. Ortiz, 613 F.3d 550 (5th Cir. 2010) (temporal proximity alone insufficient for same course)
- United States v. Bethley, 973 F.2d 396 (5th Cir. 1992) (tests similarity, regularity, and temporal proximity for relevant conduct)
- United States v. Wall, 180 F.3d 641 (5th Cir. 1999) (no substantial similarity or shared source between offenses)
- Alford v. United States, 142 F.3d 825 (5th Cir. 1998) (reaffirmed plausibility standard for reviewing drug-quantity findings)