United States v. Sanchez

85 F. App'x 463
Court of Appeals for the Sixth Circuit·Decided December 23, 2003·No. Nos. 02-5896, 02-5898·Published·Cited by 3 cases

Opinion

REEVES, District Judge.

Victor Sanchez and Pedro Castillo appeal their sentences after each entered a plea to conspiring to possess with intent to distribute methamphetamine in violation of 21 U.S.C. § 846. Both Defendants assert that they are entitled to a two point reduction under section 3B1.2(b) of the United States Sentencing Guidelines for having only a minimal role in the offense. In addition, Castillo argues that he is entitled to application of the Safety Valve provision of the sentencing guidelines and that unusual, mitigating factors exist which compel a further sentence reduction. Having considered the parties’ arguments, we AFFIRM the judgment of the district court.

I. BACKGROUND

On September 5, 2001, a confidential informant provided information to the DEA Memphis Task Force that a male Hispanic known as “Pedro” (later identified as Castillo) had approached him regarding the sale of a large quantity of methamphetamine. As a result, an undercover operation was commenced. As part of this operation, DEA officers set up a meeting between Castillo and an undercover officer at a K-Mart parking lot in Germantown, Tennessee. During the initial meeting, Castillo advised the informant that he could provide a sample of the methamphetamine and, if the sample was acceptable, his “partner” who was waiting nearby could supply the remainder of the approximate one pound amount.

Castillo advised the informant that he and his partner would have approximately six to ten pounds of methamphetamine for sale the following week. Castillo then provided a sample of the product to the undercover officer who indicated an interest in purchasing the additional quantity. Castillo also placed a telephone call to an unidentified person and was advised that the remaining amount of the initial purchase would cost $9,000. However, because the sample had been taken from the one pound amount, Castillo stated that the price would be reduced by $200. The parties agreed to meet later the same day to complete the transaction.

At approximately 9:20 p.m., the informant and undercover officer picked up Castillo at an apartment complex in Germantown. The parties then drove to another location in the complex where Castillo again placed a telephone call to an unidentified person. Following this call, Castillo advised the undercover officer and the informant that “[the supplier] is on the way.” Sanchez arrived ten minutes later and told the officer that the pound of methamphetamine was approximately one ounce short. After some negotiation, Sanchez agreed to sell the remaining amount for $8,300. Sanchez and Castillo were arrested after the methamphetamine was produced.

II. PROCEDURAL HISTORY

On September 27, 2001, a federal grand jury returned a two-count indictment charging Sanchez and Castillo with conspiracy to possess with intent to distribute and to distribute approximately 453 grams of methamphetamine in violation of 21 U.S.C. § 846 (count one) and possession with intent to distribute the same quantity of the substance in violation of 21 U.S.C. § 841(a)(1) (count two). Both defendants subsequently entered guilty pleas to count one of the indictment.

The district court conducted a sentencing hearing for each defendant on June 28, 2002. Prior to this date, each defendant submitted a written position statement regarding sentencing. In addition to his position statement, Castillo filed a number of documents for the court’s consideration, [466] including: his statement acknowledging guilt and expressing remorse for his actions; a letter from his children; and his wife’s death certificate. In them written materials and during the sentencing hearing, each defendant asserted that his respective role was either “less than the average offender” (Castillo) or that he was a “minor or minimal participant in the crime” (Sanchez). Castillo also argued that he was entitled to application of the Safety Valve, U.S.S.G. § 5C1.2, based on his acceptance of responsibility for his involvement in the crimes charged. Castillo further contended that he was entitled to a reduction due to the unusual circumstances related to the death of his wife and the need to care for his minor children.

In addressing application of the Safety Valve to Castillo’s conduct, the government asserted that this defendant was not entitled to the reduction because he had not provided all relevant information. (J.A. at 66.) Rather than accept the government’s offer of testimony concerning this issue, Castillo’s attorney argued that the defendant had provided all of the information that he possessed and that “he is not going to manufacture anything that he doesn’t know.” (J.A. at 67.) Thus, while Castillo addressed the Court and explained the desperate situation presented when his wife became ill, he did not provide any additional information regarding the underlying offense. (J.A. at 72-74.)

The United States responded by stating that, during a meeting with Castillo on the date of the sentencing hearing, the defendant essentially stated that the drugs in question belonged to the co-defendant and that he did not know their source or anything else about them. The government then explained that this information was inconsistent with information known to its agents at the time of the defendants’ arrest. (J.A. at 75.) Counsel for the government explained that:

Mr. Castillo told the undercover officer during negotiations that the following week we’re going to have 6 to 10 pounds of methamphetamine for you. Now in all fairness, the way that it reads here is that his partner, that is, Mr. Sanchez would have 6 to 10 pounds, but that in and of itself was the fact that Mr. Castillo could have told us again today, but yet he didn’t do that. He did not acknowledge that he even knew that much or that the drugs were coming from Atlanta, which is what he hold (sic) the undercover officer at the time that the deal was taking place, that the drugs were coming from Atlanta.

(J.A. 75.) Although the assistant United States attorney offered to call an officer as a witness to confirm his representations, counsel for Castillo conceded that such testimony was not necessary because the dispute the defendant had with the government was that “he had said everything that he knows.” (J.A. at 76.)

III. ANALYSIS

A. Standard of Review

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United States v. Sanchez, 85 F. App'x 463 (6th Cir. 2003).

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