United States v. Vasquez-Hernandez

Vasquez-Hernandez pleaded guilty to a drug conspiracy. 21 U.S.C. 846, and admitted transporting 200 kilograms of cocaine, worth about $5 million, on behalf of the Sinaloa Cartel, and to receiving an additional 76 kilograms to be sold on consignment for about $2 million. The district court calculated a Guidelines range of 188 to 235 months’ imprisonment and sentenced him to 264 months, above the high end of the range. Although Vasquez-Hernandez conceded being an agent of others, the district judge concluded that he also had a supervisory role, reasoning that anyone entrusted with $7 million of someone else’s cocaine must have high status in the organization, and added three offense levels under U.S.S.G. 3B1.1(b), which applies when the defendant was “a manager or supervisor (but not an organizer or leader) and the criminal activity involved five or more participants or was otherwise extensive”. The Seventh Circuit affirmed the sentence as not clearly erroneous. No one can carry 276 kilograms of cocaine on his back or hide it in the glove compartment of a car. Moving any substance of this weight and bulk requires the assistance of multiple people. Vasquez-Hernandez effectively admitted supervising some others for the transportation of the cocaine. View "United States v. Vasquez-Hernandez" on Justia Law