407 F. App'x 798
5th Cir.2011Background
- Salazar pleaded guilty to conspiracy to possess with intent to distribute >1 kg heroin, possessing with intent to distribute >1 kg heroin, and importing >1 kg heroin.
- Salazar appeals a 188-month sentence.
- District court found Salazar responsible for more than 3 but less than 10 kg of heroin for sentencing.
- Salazar argued error in drug-quantity calculation, leadership enhancement § 3B1.1, minor-involvement enhancement § 3B1.4, and safety-valve denial § 5C1.2.
- Record supports base level for 3–10 kg given 2.476 kg and prior smuggling trips with similar quantities.
- Court affirmed judgment on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Drug quantity for sentencing | Salazar contests district court quantity | Salazar relies on actual amount 2.476 kg | Plaintiff’s argument rejected; quantity plausible under record |
| Leadership enhancement § 3B1.1(c) | Salazar argues no leadership role | Salazar directed wife and recruited her | § 3B1.1(c) affirmed; district court not clearly erroneous |
| Use of a minor § 3B1.4 | Salazar contends no minor usage | Child seated in car seat used to facilitate smuggling | § 3B1.4 applied plausibly; disparity with wife adjustment unclear |
| Safety-valve relief § 5C1.2 | Not eligible for safety valve | Ineligibility due to § 3B1.1(c) leadership finding | Not eligible for safety valve; reaffirmed |
Key Cases Cited
- United States v. Medina, 161 F.3d 867 (5th Cir. 1998) (support for inferring similar prior quantities)
- United States v. Turner, 319 F.3d 716 (5th Cir. 2003) (leader guidance and actions support § 3B1.1(c))
- United States v. Rose, 449 F.3d 627 (5th Cir. 2006) (reaffirmation of § 3B1.1 leadership standard)
- United States v. Miller, 179 F.3d 961 (5th Cir. 1999) (safety-valve applicability considerations)
- United States v. Betancourt, 422 F.3d 240 (5th Cir. 2005) (drug-quantity framework for sentencing)