United States v. Sanchez

508 F.3d 456, 2007 U.S. App. LEXIS 27468, 2007 WL 4192201
CourtCourt of Appeals for the Eighth Circuit
DecidedNovember 29, 2007
Docket06-4193, 07-1046
StatusPublished
Cited by22 cases

This text of 508 F.3d 456 (United States v. Sanchez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Sanchez, 508 F.3d 456, 2007 U.S. App. LEXIS 27468, 2007 WL 4192201 (8th Cir. 2007).

Opinion

SMITH, Circuit Judge.

Gustavo Naranjo and Cesar Sanchez appeal their sentences following their guilty pleas to drug charges. Naranjo pleaded guilty, pursuant to a plea agreement, to conspiracy to distribute 500 grams or more of a mixture containing methamphetamine and 50 grams or more of actual methamphetamine. Naranjo contends that the government breached the plea agreement by stating Naranjo would lose his acceptance of responsibility reduction if he contested facts that he had stipulated to in his *458 plea agreement. Sanchez pleaded guilty to possession with intent to distribute 50 grams or more of a mixture containing methamphetamine within 1,000 feet of a school. The district court 1 denied Sanchez’s request for a downward variance and sentenced him to 87 months’ imprisonment, the bottom of his advisory range. Sanchez appeals his sentence as unreasonable. We hold that the government did not breach Naranjo’s plea agreement and that Sanchez’s sentence is reasonable. Accordingly, we affirm both sentences.

I. Background

Between September 2005 and January 2006, Naranjo conspired with others to distribute methamphetamine. Employing an undercover agent and a confidential informant, authorities apprehended the pair after Sanchez delivered a half pound of methamphetamine to the undercover agent, on behalf of Naranjo.

A grand jury indicted Naranjo in a seven-count drug-trafficking indictment that also charged Sanchez in two of the seven counts. Pursuant to a plea agreement, Naranjo pleaded guilty to Count 1, conspiracy to distribute 500 grams or more of a mixture containing methamphetamine and 50 grams or more of actual methamphetamine, in violation of 21 U.S.C. § § 841(a)(1), 841(b)(1)(A)(viii) and 846. Sanchez pleaded guilty to Count 5, possession with intent to distribute 50 grams or more of a mixture containing methamphetamine within 1,000 feet of a school, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(viii), 860 and 18 U.S.C. § 2.

A. Naranjo’s Plea Agreement

Naranjo’s plea agreement, which is the basis of his appeal, stated that the parties would litigate role-in-the-offense adjustments, pursuant to U.S.S.G. § 3B1.1. The plea agreement also stated that Naranjo qualified for a two-level downward adjustment based on acceptance of responsibility, pursuant to U.S.S.G. § 3El.l(a). Further, the plea agreement specified that the government would be free to contest the adjustment should Naranjo cease to accept responsibility. In his plea agreement, Naranjo stipulated that he arranged for Sanchez to deliver methamphetamine to the undercover agent and that he arranged for another associate to deliver a half pound of methamphetamine to the undercover agent as well.

Notwithstanding his plea agreement stipulations, Naranjo later objected to the United States Probation Office’s Presen-tence Investigation Report (PSR) containing these same facts. Naranjo also objected to the offense level computation in the PSR which recommended a three-level upward adjustment for his role in the offense. Naranjo minimized his role contending that he had only acted at the direction of others and was essentially a “mule.” The Probation Officer noted the direct contradiction between Naranjo’s objection and his express stipulations in his plea agreement, and commented that his objections may impact his acceptance of responsibility reduction.

Based upon Naranjo’s objection, the government filed a sentencing memorandum warning that if Naranjo contested, at sentencing, the relevant conduct he had previously stipulated to in the plea agreement, then the United States would ask the court to deny the downward adjustment for acceptance of responsibility.

*459 At Naranjo’s sentencing hearing, the district court addressed Naranjo’s objections to the PSR stating that it was aware Naranjo was “backing off of facts” agreed to in the plea agreement. The court warned Naranjo that challenging the stipulated facts could jeopardize his receiving acceptance of responsibility. After asking Naranjo if he understood his plea multiple times, the district court discussed Naranjo’s objections to the PSR. Naranjo then told the court that he wished to withdraw his objections to the PSR. Naranjo’s lawyer requested a variance from the Guidelines range. The court denied the variance request and sentenced Naranjo consistent with the plea agreement to 235 months’ imprisonment — the low end of the advisory Guidelines. Naranjo received the three-level reduction for acceptance of responsibility and Counts 2 through 7 of the indictment were dismissed. Naranjo filed a notice of appeal contending the government breached its plea agreement.

B. Sanchez’s Sentence

At his sentencing, Sanchez requested a downward variance of 27 months. The district court denied the variance. The PSR set Sanchez’s advisory Guidelines sentencing range at 87 to 108 months’ imprisonment based upon a total offense level of 29 with a category I criminal history. Before declining to vary, the district court stated that in arriving at a reasonable sentence it had considered all of the statutory factors in 18 U.S.C. § 3553(a). The court determined that the advisory Guidelines already took Sanchez’s lack of criminal history into consideration and that neither his role as a mere deliverer of the drugs nor his work history (consisting of jobs obtained while in the United States illegally) were not proper bases to vary. The district court sentenced Sanchez to 87 months, the bottom of his Guidelines range.

II. Discussion

On appeal, Sanchez contends that he received an unreasonable sentence because he was not granted a downward variance. Naranjo argues that the government violated its plea agreement by threatening to deny his acceptance of responsibility sentencing reduction if he denied his role in the offense.

A. Reasonableness of Sanchez’s Sentence

Sanchez argues that the district court abused its discretion when it imposed a sentence at the bottom of his undisputed advisory Guidelines range. Specifically, Sanchez argues that the district court erred in refusing his request for a variance based on his lack of criminal history, work history, role in the offense and anticipated deportation. Sanchez claims that the district court did not consider these factors which should have been given significant weight and should have resulted in a variance.

We review the district court’s application of the Guidelines de novo and its factual findings for clear error. United States v. Watson, 480 F.3d 1175

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Bluebook (online)
508 F.3d 456, 2007 U.S. App. LEXIS 27468, 2007 WL 4192201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-sanchez-ca8-2007.